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

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…