Under Law 104/1992 on Assistance, Social Integration of Persons with Disabilities (Art. 1–3), all employers in Italy—public and private—must consider requests to modify work duties or the workplace environment for employees with certified disabilities. The statute applies regardless of company size and covers any individual recognized as “disabled” by the Local Health Authority (ASL). Key terms include “person with disability” (Art. 3, comma 1) and “workplace adjustment” (commonly understood as changes to workstation, tools, or schedule).
Law 104/1992 requires employers to evaluate and implement reasonable measures to facilitate job performance, such as ergonomic furniture, assistive technology, flexible hours or remote work. Common types of workplace adjustments include:
Employers must document their decision-making process and communicate any proposed adjustment in writing.
An employee begins the process by submitting a formal request, accompanied by a current medical certificate from the ASL. Italian law does not set a single response deadline, but best practice is to acknowledge receipt within 7 days and issue a decision within 30 days. Employers may invite the employee to a meeting to discuss possible solutions. If additional expert opinions or technical assessments are needed, the timeline may extend, but delays risk legal claims.
Employees who believe their request was unjustly denied can file a complaint with the Ufficio Nazionale per la Protezione dei Soggetti con Disabilità. Typical remedies include a binding order to implement adjustments, back pay for lost wages, and in some cases an administrative fine up to €5,000. Repeated non-compliance may trigger inspections by the Ministry of Labour and Social Policies.
Managing workplace adjustments requests under Law 104/1992 on Assistance, Social Integration can be complex—multiple forms, strict timelines, and cross-team coordination all add burden.
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Develop a clear, written procedure for handling workplace adjustments requests. Share it with all managers to guarantee consistent application.
Train HR and supervisory staff on the key steps of Law 104/1992 and the importance of timely follow-up.
Keep a centralized log of all requests, approvals and denials. Accurate records will protect you in the event of a dispute.
Avoid common pitfalls like vague communications or informal approvals. Use standardized forms and written agreements to document every stage.
