Employees dismissed because of the abolition of their position no longer have the obligation to prove their qualification to carry out equivalent jobs.

Jully 21, 2016
by Lara Arcese

The famous “repêchage” obligation no longer has to be proven by the employee. Indeed, the Supreme Court ruled that when a dismissal is due to the abolition of the position, it is the employer who has to prove that there were no other equivalent – or inferior –  jobs to which the dismissed employee could be assigned.

This obligation can cause some headaches, seeing that it also requires the employer to train employees who are assigned to inferior or different positions. Many questions linked to this “repêchage” and its legal consequences have yet to be answered.

To read the full article, in Italian, follow this link : http://lexellent.it/academy/il-lavoratore-licenziato-per-soppressione-della-mansione-non-ha-piu-lobbligo-di-provare-le-mansioni-alternative-alla-quali-poteva-essere-adibito-c-d-onere-di-repechage/

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