In short
Law 34/2026, in force since 7 April 2026, added paragraph 7-bis to Article 3 of Legislative Decree 81/2008 for agile work done in places not legally at the employer's disposal.
The employer must give the worker and the RLS, at least once a year, a written notice of general and specific risks, with particular attention to display screen equipment.
Article 55(5)(c) punishes breaches with arrest of two to four months or a fine, for both the employer and the manager.
The notice should be built on the risk assessment, consistent with the DVR, delivered with dated, named proof and tracked in a deadline calendar.
The same law makes training mandatory during cassa integrazione too and requires practical training to be recorded in a register.
Since 7 April 2026, anyone in Italy who does agile (smart) working outside company premises must receive a written risk notice every year. This is required by Law no. 34 of 11 March 2026, the annual law on small and medium-sized enterprises published in Official Gazette no. 68 of 23 March 2026, which added a new paragraph 7-bis to Article 3 of Legislative Decree 81/2008. The National Labour Inspectorate (INL) issued its first operational guidance in note no. 780 of 15 April 2026.
The obligation itself is not new: the 2017 law on agile working already requires an annual notice. What changes is where it sits: it is now written into the Consolidated Health and Safety Act, and breaching it is listed among the offences punished under Article 55. In this article you will find what the rule says, who it applies to, what to write in the notice, how to deliver it and keep proof, how to align it with the risk assessment document (DVR) and the workers' safety representative (RLS), and the other safety changes in the same law.
What does the new paragraph 7-bis of Article 3 of Legislative Decree 81/2008 require?
Paragraph 7-bis sets out how the employer meets its safety obligations for agile work carried out outside its own premises. It does so through the delivery of a written notice, at least once a year, to the worker and to the workers' safety representative (RLS).
The text, point by point
The rule covers work performed in agile mode "in work environments that are not legally at the employer's disposal". In these cases, all safety obligations compatible with agile working, "in particular those relating to the use of display screen equipment", are fulfilled by the employer through delivery of the notice. The text sets four elements: the form is written, the recipients are the worker and the RLS, the frequency is at least annual, and the content is the general and specific risks linked to this particular way of performing the work.
The rule ends with a reminder for the worker: their duty to cooperate in implementing the prevention measures set by the employer for the risks of working outside company premises remains in place. The responsibility to inform lies with the employer; applying the guidance received is also the worker's responsibility.
What was already in place before Law 34/2026
Article 22 of Law no. 81 of 22 May 2017 still requires the employer to give the agile worker and the RLS, at least once a year, a written notice of general and specific risks. Many companies have therefore been delivering it for years. The novelty of Law 34/2026 is the move into the Consolidated Act: the obligation is now also written into Legislative Decree 81/2008, with an explicit reference to display screen equipment, and Article 55 sets the penalty for failing to comply. According to the INL, these provisions fit within the framework of the agile working law, supplementing it and strengthening the obligations for people working outside company premises.
Who does the agile working notice obligation apply to?
The obligation applies to employers with agile workers operating in places not legally at their disposal. Paragraph 7-bis sets no size thresholds: although it arrives with the annual SME law, it sits within Legislative Decree 81/2008, which under Article 3(1) applies to all sectors of activity, private and public.
Which places are "not at the employer's disposal"
The typical case is the worker's home, or another place chosen by the worker. These are environments the employer does not control and cannot act on directly: that is why the law relies on information and cooperation. If remote work takes place in spaces provided by the company, such as an office at another site, the situation is different and you should check with your health and safety manager (RSPP) which rules apply.
Agile working and other forms of remote work
Paragraph 7-bis refers expressly to agile working, the arrangement governed by Law 81/2017 and based on an agreement between the parties. If your company uses different forms, such as telework or remote work under a collective agreement, do not take for granted that the same rule applies to all of them. If you are among the companies with several remote working arrangements, check with your RSPP and employment adviser how to classify each one and which obligations apply.
What penalties does Article 55 of Legislative Decree 81/2008 set?
Law 34/2026 amended Article 55(5)(c) of Legislative Decree 81/2008, adding a reference to the "breach of the information obligation under Article 3, paragraph 7-bis". Under the text in force, the employer and the manager are punished with arrest of two to four months or a fine.
It is the same letter that punishes, among other things, failure to inform workers under Article 36 and failure to train them under Article 37. The fine amounts set in Article 55 are subject to periodic revaluation, as provided by Article 306(4-bis) of Legislative Decree 81/2008: for the updated amount, refer to INL note no. 780/2026, which states it, and to your adviser. In any case, the penalty concerns whoever must deliver the notice, namely the employer and, within their remit, the manager.
What should the smart working notice contain?
The rule requires the notice to identify the general and specific risks connected with agile working. There is no mandatory template: the content should be built on your own risk assessment, the tasks carried out in agile mode and the equipment you provide. Article 36(4) of Legislative Decree 81/2008 also requires information to be easy to understand and to allow workers to acquire the relevant knowledge.
A clear structure helps both the worker and anyone who has to assess the document during an inspection. This is a working outline, to be adapted with the RSPP and, where appointed, the occupational doctor.
Section | What it contains |
|---|---|
Scope | Who it is addressed to, which agile working agreement it relates to, validity period and date |
General risks | Risks of the working environment: space, lighting, indoor climate, electrical systems and sockets, trip hazards, use of extension leads |
Display screen equipment | Workstation, chair and desk, screen position, lighting, breaks, visual and postural strain |
Specific risks | Risks linked to agile working: isolation, time management, travel between different places, use of portable devices |
Company equipment | Correct and safe use of laptops, chargers and accessories supplied by the company |
Expected behaviour | What the worker must do to cooperate: choice of location, reporting, what to do in case of injury or fault |
Contacts | Who to contact: RSPP, RLS, internal contact person |
Start from the risk assessment, not from a generic template
A notice downloaded and signed as it is may say nothing about your company. If your agile workers only do office work at a computer, the core will be the display screen workstation. If they alternate between home and client visits, they also need guidance on travel. The text must reflect the actual tasks and remain consistent with what the DVR says.
Write practical, verifiable guidance
Phrases such as "adopt a correct posture" are of little use. Say instead what to do: how to position the screen relative to the eyes and windows, why to change position, how to manage cables and sockets. Close with the reports expected from the worker: who to tell about a workstation problem, a work-related ailment or an injury, and how quickly.
How do you deliver the notice and keep proof?
The law requires delivery of a written notice but does not set a specific channel. What matters in an inspection is being able to show who received it and when, for both the workers and the RLS.
Delivery methods
The most common routes are hand delivery with a signed receipt, sending by company email with a read receipt, or publication on an intranet that records acknowledgement. Whatever method you choose, make sure it leaves a dated, named record. The same applies to the RLS: delivery must be documented, not an informal mention in a meeting.
The delivery log
Keep a list of agile workers with the date of the last delivery, the version of the notice received and the date of the next one. Anyone who starts agile working during the year should receive the notice before their first day working remotely, not at the next annual round. Keep every version of the document: in an inspection you may need to show which text was in force on a given date.
Treat the annual frequency as a deadline
"At least annual" is a minimum, not a fixed interval. If equipment, tasks or agile working rules change, it makes sense to update the notice and redeliver it straight away. Either way, add the annual delivery to a health and safety calendar, alongside training and health surveillance deadlines, so it does not depend on one person's memory.
How do you update the DVR and involve the RLS?
The notice only works if it rests on a risk assessment that covers agile working. The DVR is the starting point: check that the DVR describes this way of working, the risks identified and the measures adopted.
When to revise the risk assessment
Article 29(3) of Legislative Decree 81/2008 requires the risk assessment to be revised when changes to work organisation are significant for health and safety. If agile working involves a significant share of your staff, or your company has recently introduced or extended it, assess with the RSPP whether this applies to you. The assessment is carried out with the RSPP and, where required, the occupational doctor, and always after consulting the RLS (Article 29(1) and (2)).
The role of the RLS
Under paragraph 7-bis the RLS becomes a direct recipient of the notice. This adds to the powers under Article 50: the RLS is consulted in advance on the risk assessment and receives company documentation on the assessment and prevention measures. In practice, it is worth involving the RLS early, before finalising the text: the person who collects colleagues' concerns knows which problems they actually face working from home, and delivery becomes the conclusion of a discussion rather than a formality.
What other safety changes does Law 34/2026 bring?
Besides Article 11 on agile working, the law contains further amendments to Legislative Decree 81/2008, in Articles 10 and 12. The INL summarises them in the same note no. 780.
Training during wage guarantee periods (cassa integrazione)
Article 37(4) lists the moments when training and, where required, specific practical training must take place. The new letter b-bis adds "periods of wage guarantee fund (cassa integrazione guadagni), both in the case of suspension and in the case of reduced working hours". According to the INL, this makes training mandatory during cassa integrazione too. In parallel, Law 92/2012 (Article 4(40)) now states that a suspended worker receiving income support loses the benefit if they refuse to be enrolled in a training or retraining course, including one on health and safety, or do not attend it regularly without good reason.
Practical training recorded in a register
The new Article 37(5) confirms that practical training is delivered by an expert person at the workplace, and describes it as hands-on practice in the correct and safe use of equipment, machinery, installations, substances and devices, including personal protective equipment. It may use simulation technologies in real or virtual environments and must be recorded in a register, which may be electronic.
INAIL simplified models and equipment inspections
The new Article 30(5-ter) tasks INAIL, the national workplace insurance institute, with developing, within one hundred and twenty days of entry into force and in agreement with the social partners, simplified organisation and management models for micro, small and medium-sized enterprises, and with supporting their adoption. To find out whether and when they are available, refer to INAIL's official channels. Finally, Article 12 adds to Annex VII a three-yearly inspection for mobile elevating work platforms and off-road work platforms for orchard operations.
What mistakes should you avoid with the agile working notice?
The most frequent mistakes are not about the law but about management: generic documents, deliveries without proof, forgotten deadlines. They are also what an inspector looks at first, because they show up in documents.
The first mistake is forgetting the RLS. The rule names them expressly as a recipient: a notice delivered to all workers but not to the representative is an incomplete delivery. The second is an identical text for everyone, ignoring the differences between those who only work from home and those who travel often. The third is treating the notice as a formality separate from the DVR: if the two documents say different things about the same risks, neither is credible.
Then there are timing mistakes: delivering the notice once and forgetting about it; waiting for the annual round for people who start remote work mid-year; not keeping previous versions. Finally, the notice does not replace training: nothing in paragraph 7-bis exempts agile workers from the training required by Article 37, and the Article 55 penalty for training remains separate.
Checklist: what to do now
If you have staff working in agile mode, these are the checks to align with paragraph 7-bis. Involve the RSPP, RLS and HR from the start: each holds part of the information.
Draw up an up-to-date list of workers with an agile working agreement and the places where they work.
Check whether a notice exists and when it was last delivered, to each worker and to the RLS.
Check that the DVR covers agile working and that the notice is consistent with the risks and measures it sets out.
Update the text with the RSPP: general risks, specific risks, display screen equipment, expected behaviour, contacts.
Share the draft with the RLS before delivery and record the discussion.
Deliver the notice in a way that leaves a dated, named record, including to the RLS.
Set the annual deadline and the rule for new agile workers, who receive it before their first remote day.
What to do in the medium term: a system, not a document
The annual notice is a small obligation, but it illustrates a wider issue: the safety of people working off-site depends on processes that repeat over time, not on a document signed once. Risk assessment, information, training, RLS consultation and records need to work together.
This is what an occupational health and safety management system under ISO 45001 requires. The standard is voluntary, but it calls for exactly these elements: hazard identification and risk assessment, consultation and participation of workers, communication, competence and documented information. For training and awareness, which also covers the new training during cassa integrazione, there is a dedicated guide on competence, training and awareness in ISO standards.
There is also a legal link. Article 30(5) of Legislative Decree 81/2008 states that company organisation models defined in line with UNI EN ISO 45001 are presumed to meet the requirements of that article for the corresponding parts. It is not an exemption from legal obligations, which all remain, but an orderly way to show they are under control.
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Frequently asked questions about the smart working notice
Is the agile working risk notice mandatory for small businesses too?
Yes, paragraph 7-bis sets no size thresholds. It applies to every employer with agile workers in places not legally at its disposal. The fact that the rule comes with the annual SME law does not limit it to SMEs: it sits within Legislative Decree 81/2008, which applies to all sectors, private and public.
How often must the notice be delivered?
The law requires delivery at least once a year. That is a minimum: if equipment, tasks or agile working rules change, it is wise to update and redeliver it straight away. For people who start agile working during the year, good practice is to deliver it before their first remote day.
Who must receive the notice?
The worker and the workers' safety representative. Paragraph 7-bis names both as recipients, so delivery to the worker alone is not enough. Keep proof of delivery for both.
Is sending the notice by email enough?
The law requires a written notice but does not specify a channel. A company email can work if it leaves a dated, named proof of receipt, such as a read receipt or a recorded acknowledgement. What matters is being able to show, in an inspection, who received it and when.
What does an employer risk by not delivering the notice?
Article 55(5)(c) of Legislative Decree 81/2008, as amended by Law 34/2026, punishes the employer and the manager with arrest of two to four months or a fine. Fine amounts are subject to periodic revaluation: for the updated figures, refer to INL note no. 780/2026 and your adviser.
Is training during cassa integrazione mandatory?
Law 34/2026 added cassa integrazione periods, both suspension and reduced hours, to the moments listed in Article 37(4) when training must take place. According to the INL, training is therefore mandatory during cassa integrazione too. A suspended worker who refuses to be enrolled in the course, or does not attend it regularly without good reason, loses their income support.
