Italy’s legislature has not yet moved on the ruling by the court of Justice of the European Union from 14 May 2019 (c.f. article No. 11127) that demands the EU Member States to require employers to implement objective, reliable, and accessible systems measuring employees’ daily working time. Although Italian regulations do intend for a workers’ attendance sheet, it does leave a lot of leeway for flexible working and in particular with the formalization of ‘smart working’ in 2017. As such this CJEU ruling from May 2019 creates a degree of uncertainty that could impact agile working.
What the Italian legislation says. According to Law 133 06 August 2008, private sector employers are required to keep a ‘single work book’ containing an attendance calendar in which all employees’ daily number of hours worked are noted as well as their overtime hours and absences. Furthermore in 2015 the Council of State ruled in favor of the Labor Inspectorate arguing that companies had to also indicate the entry into the premises and exit times of employees. In terms of working time, Law 76 2
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