DLP Insights

Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

Catégories: DLP Insights, Case Law

27 Juil 2012
The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated. In the case at issue, the transfer had resulted in a radical change in employment status of the employee without a proper justification under Article 2103 Civil Code, thus determining the nullity of the transfer itself as well as a partial default of employment contract.

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