The Court of Cassation confirms that the gravity condition provided for by Law 104 is not required to stop night shifts. Law 104 and night work: what the law says and why the Supreme Court has returned to the topicThe right to exemption from night work for caregivers is provided for by Legislative Decree 66/2003 for those who “depend” on a family member with a disability recognized by Law 104. But for years the interpretations have focused on the difference in treatment depending on the level of disability. The Ministry of Labor has in fact clarified several times that exemption is not automatic for those who live with a disabled family member without actually taking care of their assistance. To assert the right, simply communicate the refusal in writing, at least 24 hours before the start of the shift.