“Repêchage” obligation: burden of proof on the employer

Section  2103 of the Civil Code, as lastly amended, provides that an employer, prior to dismissal for economic/objective reasons, shall try to reposition the employee even in a  lower-level job, and the onus is on the employer to prove the fulfilment of such obligation  .

Under Article 18 of the Workers’ Statute, as amended by Article 1  of Law no. 92/2012, if the employer does not fulfil the obligation, the employee is no longer entitled to reinstatement in his/her job,  but only to the payment of compensation for damages. (Court of  Milan, December 16, 2016, no. 3370/2016)

Link to the whole article (in Italian) published on MySolution.

http://www.mysolution.it/fisco/public/obbligo-di-repechage-lonere-della-prova-alla-luce-del-nuovo-art-2103-cc/