Working Anytime, Anywhere’ and Working Time Provisions. Insights from the Italian Regulation of Smart Working and the Right to Disconnect

The right to disconnect has been welcomed by those who regarded it as a “new generation right”, though many consider it as a mere repetition of the right to rest. Through the analysis of the Italian regulation of lavoro agile, and with specific reference to working and non-working time, this paper frames the right to disconnect in the context of the legal system and the transformation of work. In so doing, it identifies different interpretations of the right to disconnect which call for a review of the notion of time in the employment relationship, also in consideration occupational health and safety and privacy.