Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated. In the case at issue, the transfer had resulted in a radical change in employment status of the employee without a proper justification under Article 2103 Civil Code, thus determining the nullity of the transfer itself as well as a partial default of employment contract.

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