Pursuant to Article 2103 of the Italian Civil Code, the transfer of an employee from one production unit to another within the same company is deemed lawful and legitimate only when it is supported by proven technical, organizational, or production-related needs. The decision to transfer an employee falls within the scope of the employer’s entrepreneurial discretion, as protected under Article 41 of the Italian Constitution, provided that the measure is effectively justified by the aforementioned organizational, technical, or production-related reasons. In the event of a dispute raised by the employee regarding the legitimacy of the transfer, the burden of proof lies with the employer, who has to demonstrate that the decision was not arbitrary but rather based on real and documentable business needs. Conversely, should the employee allege that the transfer was motivated by discriminatory intent, in violation of the principles of equal treatment and non-discrimination established under national and international law, it shall be the employee’s responsibility to provide suitable evidence that the measure was inspired by the discriminatory intent. Finally, in accordance with Article 22 of Law No. 300 of May 20th, 1970 (Workers’ Statute), the transfer of company trade union representatives from one production unit to another may only be executed with the prior authorization of the relevant trade union organization, in order to safeguard the exercise of union prerogatives and the continuity of representational activities.
2026 - Morri Rossetti
