Categories: Insights, Publications


29 Aug 2018

Demotion, automatic compensation for damages and burden of proof (Guida al Lavoro de Il Sole 24 Ore, 31 August 2018 – Enrico De Luca, Elena Cannone e Antonella Iacobellis)

The Court of Cassation with judgement No. 17978 dated 9 July 2018 established that:

 – recognition of compensation for non-material damages is not automatic in the case of a “demotion” if it is not adequately proven;

 – when the employee alleges a demotion associated to a breach by the employer to meet the obligation established by art. 2103 of the civil code, it is the latter that must provide proof of proper fulfilment of said obligation.

On this matter, the Court of Cassation reiterated that “It must be considered that when an employee alleges a demotion associated to a breach by the employer to meet the obligation established by art. 2103 of the civil code, it is the latter that must provide proof of proper fulfilment of said obligation, either by proving the effective lack of demotion, or by proving that it was justified by the legitimate application of entrepreneurship or disciplinary powers, based on art. 1218 of the civil code, due to the impossibility of the performance due to a reason beyond its control”.

This verification conferred to the trial judge can be faced only by carrying out an investigation in three chronological steps in logical sequence: 1) practical verification of the work tasks actually carried out, 2) identification of the qualifications and categories of work established by the national collective bargaining agreement applicable to the industry sector, as well as 3) comparison between the results of the first investigation and the rules established by the contractual regulations identified in the second one.

 

Click here to read the original version of the article.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…