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Change in work task

the employer's responsibility, as explanation of managerial power, the so-called ius variandi. This is the right of the employer to assign the employee to the task, in turn, are closer to the concrete and changing organizational needs and production company. This power, however, may be exercised within the limits laid down by mandatory law. Article. 2103 cc, as well as news, in key guaranteed by the so-called "Statute workers "(Act no. 300/1970) provides that a worker is to be used tasks for which they were hired or those corresponding to the category that has subsequently purchased or those equivalent in professional, the ultimate effect carried out (called "horizontal mobility"), without any loss of pay. The prohibition of "downward mobility", ie to assign tasks to the worker below, is not only in the rare cases of exception under strictly defined by law, among which the extraordinary demands occurring or regulations protecting the health of the mother and the unborn child. Regarding
the allocation of higher duties (so-called "vertical mobility"), subject to the right of the worker to perceive this corresponding increase in restribuzione, the allocation becomes final (so-called "automatic promotion") when it exceeds the limits set by national collective agreements, which, however, are not about to predict a period exceeding three months.
The invalidity of any agreement contrary to the provisions of Art. 2103 cc, as defined by the Supreme Court also well for some time (see Cass. Civ. Judgement No 266 of 12.01.1984), must be interpreted as a prohibition to agree the situation worse conditions, overall, del lavoratore, e non anche del datore di lavoro: è una delle tante manifestazioni del carattere prevalentemente garantista del nostro diritto del lavoro. In applicazione di detto principio, sono stati reputati legittimi i patti contrari stipulati nell'interesse del lavoratore al fine di garantirgli la conservazione dell'occupazione.