Court of Rome 30 September 2015: the “new” article 2013 of the Civil Code and its field of application

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no. 81/2015 implementing the Jobs Act, providing its interpretation on the matter. According to the Court job downgrading constitutes a type of “permanent illegality”, which is implemented and renewed every day that the worker is required to perform duties inferior to the ones he has the right to perform, and, thus the assessment of lawfulness or lack of the same in terms of the employer’s conduct should be made in reference to the current legislation and contractual provision day by day. This means that, if this legislation changes, authorizing a conduct which not allowed before, the illegality ceases for periods after the change in legislation. The conclusions reached by the Court of Rome in this first interpretation seem to reflect the findings of the literature issued immediately after the decree became effective.