So, my company has required us to come to the office 3 days a week starting in 2024, but I have two small kids and school is near my home. I used to work fully remote. Is there a law that protects me or do I just have to accept it?
It depends on your contract and what your industry's collective agreement says, but generally the employer can change working arrangements if they give you adequate notice. If you have particular needs like childcare, it's worth formally asking for an exception or specific arrangements based on your family situation, maybe attaching certificates from the school. There's no law that forbids you to refuse, but refusing outright could cause you problems, so it's better to negotiate through your manager or the union if there's one in your company. Check what your individual contract says anyway: sometimes there are clauses that protect you or give you room to maneuver.
But does your individual contract say anything about how you work, or is it all generic? Because the key thing here is that your employer can only impose the change if it doesn't conflict with written agreements you have - if your contract specifically stated full remote work as part of your compensation or conditions, you've got more room to push back. Otherwise yeah, you have to accept, but you can try to negotiate maybe 2 days in the office instead of 3, especially if you emphasize the school situation with your kids - a lot of employers are pretty flexible about this if you ask them directly.
The real problem is that Italian labor law doesn't recognize a "choice" on smart working once it's been granted - the employer can usually go back on it if they give you notice, unless your individual contract explicitly states that remote work is permanent and non-modifiable. What might help you is asking the company union or your collective bargaining agreement if there's anything about work-life balance (many contracts have clauses on this), or negotiate directly: sometimes companies are willing to make exceptions if you explain the situation with your kids well. If there's really no room to maneuver, unfortunately accepting is what's left, but at least document the written request so if things get worse you know where to go 🤷
The most concrete approach is to ask your employer in writing whether there's actually a contractual clause that guarantees you full remote work, or if the change falls within their prerogatives. It's less straightforward than it sounds: if your individual contract says "work in agile mode" and not "work in agile mode until further notice," you've got more solid ground to push back on. If instead the contract is vague and just says "work mode to be agreed upon," then technically the company has a lot of wiggle room.
That said, if you have real needs tied to young kids (school at home, no grandparents around, that sort of thing), you can try negotiating: a lot of companies are more flexible than you'd think if you present it the right way. I know people in my circles who managed to get 2 days in the office instead of 3, or split schedules, just by documenting their needs. It's not a guarantee, but it's worth trying before you accept everything as is.
Last thing: check if your industry's collective bargaining agreement has anything about parents' rights (leave, family support). Sometimes people only find out later that they had rights they didn't know about. If the company keeps pushing and you really do have an airtight contract, then yeah, it's worth getting a quick legal consultation, maybe through a union if you're a member.
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