Categories: Insights, Publications


22 Jun 2015

Office closing? New job duties (Il Sole 24 ore, 23 june 2015, page 51)

The implementing legislative decree of the Jobs Act on the overhaul of contract types is ready for publication in the Official Gazette. Article 3 of the decree will significantly change provisions governing job duties and so called jus variandi of the employer, the day after its publication in the “Gazette”: the decree calls for the substitution of article 2103 of the Italian Civil Code.The decree abandons the concept of equivalent duties, confirming that the worker must be assigned to duties at least “linked to the same level of legal employment category of the last duties actually performed”. With this formulation the legislator, through an implicit and direct referral to collective bargaining, thus aims at reducing the amount of employer discretion in the event of a change in duties, introducing objective indices to use as a reference in exercising jus variandi. Moreover, the decree governs cases where demotion, to date expressly forbidden by the law, is legitimate. The new provisions state that the employer, if there are changes in the company structure that affect the worker’s job, can unilaterally assign the worker to job duties belonging to a lower employment level, compared to his current one. In this case, the worker assigned to lower job duties, maintains his current employment level and salary, with the exception of remuneration elements connected to particular procedures for performing his previous job.
The possibility is also included for national/company collective bargaining to include other cases where unilateral assignment to lower job duties is allowed. In any case, assignment to new job duties must be notified in writing or it is invalid. Therefore, with the new provisions, the employer is allowed the possibility of changing in pejus the job duties assigned to the worker, as long as the new duties are at least linked to those belonging to just one employment level lower compared to the one before the demotion.
The decree also states that a change in duties be accompanied – where necessary – with fulfilment of the obligation to train the worker in question, but that failure to do so may not determine the invalidity of the act of assignment to new duties. In addition, the decree referring to consolidated legal orientation, also introduces the possibility of assigning the worker to lower duties with simultaneous reduction in salary, legal category and employment level, as long as the worker gives his consent.
However, this possibility is exclusively lawful in the interest of the worker to keep his job, acquire a different profession or improve the quality of his life and as long as the worker’s consent is backed by a written agreement in one of the venues pursuant to article 2113, paragraph 4 of the Italian Civil Code. Brief mention must also be made of the promotion of workers assigned to higher duties (article 3, paragraph 7 of the decree).
The new provisions state the permanent acquisition of the higher duties and relative salary occur after six continuous months of assignment (instead of three, as stated in the previous formulation of article 2103 of the Civil Code) or after a period established by collective bargaining has elapsed, but is excluded where it occurs to replace another worker “in service”.
The principle whereby a worker cannot be transferred from one production unit to another unless there are proven technical, organisational and production reasons, remains confirmed. Lastly, the sanction of invalidity remains for agreements stipulated in violation of the provisions contained in article 2103.

Source:Il Sole 24 Ore
www.quotidiano.ilsole24ore.com/vetrina/edicola24web/edicola24web.html

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…