Remote work in Europe

Agile work (or smart working) is a mode of performing a subordinate work relationship characterized by the absence of time or spatial constraints and an organization based on phases, cycles, and objectives, established through an agreement between employee and employer. This mode helps workers balance life and work times while simultaneously fostering their productivity growth.

Distinctive features of agile work

• Work can be organized based on phases, cycles, and objectives.
• There are no constraints on working hours or location (except for those related to the maximum daily and weekly working hours established by law or national collective labor agreements).
• It is possible to use technological tools for performing work activities, and in this case, the employer is responsible for their proper functioning and security.
• Work can be performed both inside and outside company premises.

Post-Covid smart working: what has changed

Agile work is a rapidly growing trend in the European labor market and represents a cultural, organizational, and process revolution. It is a radical transformation that dismantles traditional, consolidated habits and approaches in subordinate work. This revolution is based on a results-oriented culture and an evaluation based on actual performance. Although the concept dates back over 50 years and has been regulated in some European countries for more than 20 years, it has become much more widespread since the Covid-19 pandemic. Currently, most employers recognize that, sooner or later, agile or hybrid work will inevitably need to be implemented as a permanent solution rather than an ad-hoc method for emergency situations or when office work is impossible.

The effectiveness of agile work within an organization should be primarily evaluated through the lens of its corporate culture, but it is also essential to consider the specific regulations of each country. During the pandemic, many employers developed agile work policies that gradually became an integral part of their strategic objectives. While some employers are still examining the advantages and disadvantages of agile work, there are two main arguments in its favor: the principle of work-life balance and the increasing technological feasibility of working from home in various sectors.

Agile work not only offers the opportunity to address current challenges but also allows companies to attract top talent. The possibility of hiring staff from a global pool is undoubtedly attractive for many companies. However, this opportunity also presents some risks, such as those associated with jurisdictional changes, the creation of a permanent establishment, and immigration issues. These aspects must be carefully evaluated to ensure that agile work can be successfully implemented in compliance with applicable laws.

Agile work today

In the past two years, many things have changed, not only in the labor market but also in the legislation of individual countries. What is the current situation? This publication aims to shed light on the legal solutions currently implemented in 33 European countries, covering the types of agile work, the procedures for its implementation, the obligations imposed on employers, the rights of employees, and liability aspects.

We believe this guide can be a valuable support for developing an agile work procedure in your organization by evaluating the solutions that best fit the specific jurisdiction. Our labor law experts who contributed to this document can assess possible solutions, costs, and the necessary documents to initiate the process.

The team of Italian professionals, under the guidance of partner Uberto Percivalle, contributed to the creation of this guide regarding Italian regulations. For more information, we invite you to contact us.