After years of remote working, many companies are considering returning to the office. But can you tell your staff that they are returning to the office tomorrow? The answer is not as simple as a “yes” or a “no.”
Since the pandemic, remote work has ceased to be a privilege and has become the norm in many offices and companies. However, in recent months, many employers have been wondering whether it is time to return to the office. And here comes the big question: can I demand a return to the office even if we have a signed teleworking agreement?
The answer, in most cases, is clear: you cannot do so unilaterally. And doing so without having everything tied up can give us quite a scare.
Be careful what you sign
Teleworking is regulated by Law 10/2021 and, as such, it is not a favor or a passing fad: it is a regime with rights, duties… and contracts that must be fulfilled. If your company has written agreements that establish specific conditions for remote working, you cannot simply undo them by claiming “organizational reasons.”
Furthermore, even if there are clauses that appear to allow for such a reversal, the courts have already made it clear that it is not enough to say, “because the company needs it.” If these clauses give the employer all the decision-making power, without objective reasons or reasonable deadlines, they may be considered null and void.
Imposing a return to the office without agreement could be considered a breach of contract. The employee can refuse and, if penalized for doing so, even claim compensation.
So, can I never reverse teleworking?
Yes, you can, but you must follow certain rules:
- If the signed agreement expressly provides for it and with clear conditions, that reversal may be applied.
- If it was not provided for, a new agreement negotiated and accepted by both parties will be necessary.
- If the collective agreement for your sector includes specific rules on this issue, you must comply with what it says.
- In very exceptional cases, a process of substantial modification of working conditions could be initiated, but this requires justification, formal procedures, and occupational risks.
Keys to a smooth transition
To avoid misunderstandings, complaints, or even lawsuits, we advise you to:
- Review the current agreements with each employee.
- Check whether your collective agreement expressly regulates reversibility.
- Communicate with any changes well in advance and in writing.
- Adequately justify the reasons if the change is due to economic or organizational causes.
- Seek legal support if there is no consensus or doubts arise.
A poorly managed return can be interpreted as a substantial change in working conditions… and that has legal consequences.
What does the law say?
The Supreme Court has already made it clear that it is not acceptable to agree to teleworking and then change it at will. In its ruling in March 2025, it settled the matter: what has been agreed cannot be unilaterally altered, even if it is only one more day of face-to-face work.
And not only that: if the worker started working remotely, they even have the right to request to work in person, and the company must consider this if there are suitable vacancies.
Teleworking is not something that can be turned on and off at will. It is a voluntary arrangement, with reciprocal rights and obligations. Therefore, it is not enough to simply want to return to the office: it must be done properly, with agreement, foresight, and respect for the law.
Our consultancy is at your disposal to:
- Review your current teleworking agreements.
- Help you draft new clear and valid conditions.
- Mediate in possible conflicts with your team.
- Ensure legal compliance in any employment decision.
For further information, please consult our Labor Consulting.
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