Ius variandi and demotion, Atty Matteo Motroni comments on a recent order of the Italian Court of Cassation

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On “personaedanno” webpage, Atty Matteo Motroni has reported and analysed the reasons of a recent order of the Court of Cassation, which strengthens jurisprudence protecting a worker’s right to be assigned tasks consistent to his/her professional skills and level. This approach, however, may not take so much into consideration an employing company’s needs.

 

In this judgment in particular, on a quite atypical case, the Court’s reasoning regarding the distribution of the burden of proof has taken on decisive importance; the employer had to prove not only the objective equivalence of the duties and their congruence with the employee’s professional skills, but also that the “ius variandi” was exercised legitimately and in full respect of the professional skills acquired in the meantime by the employee.

 

The entire article, in Italian, can be found at https://www.personaedanno.it/articolo/il-demansionamento-che-non-ti-aspetti-anche-la-ripetuta-assegnazione-di-mansioni-equivalenti-pu-risultare-nociva-per-la-professionalit-dipendente.