19 Nov 2021

Legitimate worker transfer even if their unusability in the original location was unproved (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 19 November 2021 – Alberto De Luca, Debhora Scarano)

With its order no. 32506 of 8 November 2021, the Court of Cassation addressed the issue of judicial review of the technical, organisational and production reasons underlying transfers under art. 2103 of the Italian Civil Code. The case in question arose from an employee’s legal application for a declaration of the unlawfulness of the transfer ordered against him, with a consequent request for reinstatement at his original place of work and damages. The appellant believed that the reasons given for the transfer, i.e. the reduction in turnover at the original site where he was employed and the need to reduce the workforce, had been insufficiently investigated by the Court. An increase in company profits compared to the previous year and a new resource being recruited to the area the appellant had been assigned contradicted these reasons. The Court of First Instance and the Court of Appeal rejected the appellant’s requests, upholding the transfer’s legitimacy. The Court of First Instance found that the reasons supporting the transfer decision were consistent with the employer’s communication. It verified the Company’s turnover decrease, and considered the attached profit and loss account proving the increase in company profits to be insignificant, given Company’s overall figure. The worker appealed to the Court of Cassation, claiming that the Court of Appeal had erred in Law, in that it had assessed as evidence mere allegations provided by the employer, without the latter having fulfilled a burden of proof.

Continue reading the full version published in Norme & Tributi Plus Diritto of Il Sole 24 Ore.

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

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…