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22.032013

Court of Cassation: the employee has not to be always re-qualified (Il Sole 24 Ore, Marzo 19, 2013, page 19)

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for different duties, but it can dismiss him/her when equivalent duties to be assigned do not exist. With the sentence under exam it has been restricted towards the employee the so called repêchage obligation, e.i. the obligation for the company to assign the employee to equivalent duties when his/her duties are cancelled.