De Luca & Partners

Requisites of validity to secondment of employees (Court of Cassation, Judgement no. 9694 of 23 April 2009)




The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific interest of the employer is necessary in order to qualify the secondment as an organisational action by the seconding company, therefore resulting in a mere amendment to the modalities in which the work performance is given, and that the move is essentially temporary.

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