Repêchage does not oblige relocation to inferior tasks incompatible with the worker’s profile (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 3 February 2025 – Vittorio De Luca, Alesia Hima)
The Court of Cassation, with Order No. 1364 of 20 January 2025, clarified important aspects relating to the obligation of repêchage in the event of dismissal for justified objective reasons. In particular, the Court of Cassation – excluding the reinstatement of the employee – ruled that the obligation of repêchage does not require the employer to relocate the employee to lower tasks in the workforce if there are no tasks compatible with the dismissed employee’s professional profile.
The case originates from an appeal brought by an employee, who held the position of export salesman, who was dismissed following the cancellation of his position. Challenging the dismissal, the worker claimed that the company had not adequately explored all the possibilities of outplacement within the company, thus requesting reinstatement.
In the course of the proceedings, the Court of First Instance had held that the dismissal was unlawful from a procedural point of view, and had also recognised that the repêchage obligation had not been complied with. However, the Supreme Court, reforming the first instance ruling, established that the search for alternative duties should not extend to positions that are not strictly compatible with the employee’s professionalism.
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…
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…
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…
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…
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…