DLP Insights

Transfer to be justified in case of reinstated employee (Il Sole 24 Ore, May 17, 2013, page 23)

Categories: DLP Insights, Legislation

17 May 2013
The employee, reinstated by the Court, must not be transferred in different premises from the ones where he/she worked at the time of employment termination, unless the employer does not demonstrate the existence of technical, productive or organizational needs, which makes the change of the work place necessary. This is the statement of the Court of Cassation, included in the sentence no. 11927/13, regarding an employee who was reinstated for the nullity of the term indicated in the fixed-term employment contract. In order to execute the sentence stating the reinstatement, the employer communicated to the employee to start the employment in different premises from the ones where he/she carried out his/her previous work activity.

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