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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…