According to mandatory law, the transfer of employees from one work seat to another can be implemented only in case of proven technical/organisational and productive needs of the company.
In the given case, the Court of Milan rejected the claims of a retaliatory / discriminatory transfer submitted by one employee following her transfer from one work seat to another. Following the hearing of the witnesses, who confirmed the existence of the technical / organisational and productive needs of the company, the Court has enhanced the application of the criteria to identify the employees to be dismissed, provided by Law n. 223/1991 for collective dismissals (family charges, technical / organisational and productive needs of the company / company seniority).
In the present case, once it was proved that the company needed an employee with the skills of the transferred employee in the new workplace, it was also proven that, among the 3 employee to be chosen for the transfer, the transferred employee was the only one remaining once the highest levels / family charges and those with higher seniority were excluded. Therefore, the transfer was declared lawful.