Italy Update: Unsuitability for the Job Does Not Justify Dismissal if Retention in Service Entails Reasonable Financial Burdens

Court of Cassation, Labour Section, Order of 13 November 2023, no. 31471

In the event of supervening physical unfitness of the worker, the employer, before proceeding with the termination, must try to assign him/her to equivalent tasks or, failing that, to inferior tasks.

It will also have to evaluate the adoption of any reasonable organizational arrangement that, without entailing disproportionate financial burdens, can reconcile, in the name of the principles of social solidarity, good faith and fairness, the interest of the worker unable to maintain a job with that of the employer to guarantee a work performance useful to the company.

Only in the event that the necessary accommodations involve a disproportionate economic sacrifice, the employer may proceed with the termination of the employment relationship.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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