Court of Cassation: right to superior status in the case of several duties’ changes

Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an employee of the superior duties regarding the mentioned job places – each one for a period shorter than that one referred to in art. 2103 of Italian Civil Code – assumes to be caused by real organizational need, aimed to maintain the interruptive effect of the revocation of the superior duties’ assignment. Should the excessive and factitious perpetuation of the fulfillment in the stages required by the content of the obligation be proved, the superior status will become effective in accordance to art. 2103 of Italian Civil Code.

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