DUTIES LOWER THAN YOUR QUALIFICATION

Employment law comprises a series of regulations aimed at protecting workers, both physically and mentally. The Bolzano-based law firm specializes in all aspects of employment law, thanks to the valuable collaboration of lawyers ready to intervene promptly when necessary.
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    The law firm's areas of expertise include: right to employment; job changes; demotion; inactivity; automatic promotion; and promotion through the evaluation process.

If you would like to schedule an appointment with our lawyers for a consultation on employment law matters, please contact us. write an email at the studio: you will be contacted as soon as possible.

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Change of duties

With regards to job changes, the Lanzinger law firm deals with:


  • preservation of professional baggage;
  • job equivalence: safeguarding professionalism
  • assignment of less rewarding tasks: illegitimacy;
  • change of duties in privatized public employment;
  • lack of possibility of refusing equivalent tasks;
  • lower position due to subsequent unsuitability;
  • mobility with change of fungible tasks, if provided for by the CCNL;
  • remuneration for higher-level public employees.


Demotion

Specializing in employment law, the law firm also handles all matters related to demotion, in particular:


  • compensability;
  • evidence of damage from demotion;
  • existential damage;
  • liquidation of damage to personality;
  • compatibility with mobbing;
  • burden of proof;
  • suspension of work activity;
  • demotion agreement;
  • refusal to perform inferior duties: legitimacy;
  • presumptive elements of demotion;
  • presumptive evidence of damage to professionalism;
  • ius variandi: limits;
  • collective fungibility clauses;
  • threat of dismissal as an alternative to demotion: extortion.


Inactivity

The Bolzano office also deals with everything related to inactivity, and in particular:
  • employer's training obligations;
  • automatic promotion;
  • sum of multiple periods;
  • promotion through evaluation procedure;
  • burden of justifying the choice.
Discrimination

Contact our employment law experts to schedule an appointment at our office: you'll be contacted as soon as possible.

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FAQ

Detailed questions for each section designed to answer the most common doubts of potential clients of Studio Lanzinger.

  • When are new tasks considered "inferior"?

    When they are not consistent with the classification level or significantly reduce the worker's professional background.

  • Can I refuse to perform inferior tasks?

    It's risky to do so without legal assistance, as it could be considered insubordination. It's best to formally contest the order while remaining in service.

  • What damages can I claim for demotion?

    You can request compensation for professional, biological (if it causes stress or depression) and image damage.

  • What must the worker in question prove?

    You must prove that you performed inferior duties and that you suffered damage (e.g., loss of skills or psychological suffering).

  • Can demotion lead to resignation for just cause?

    Yes, if the downgrading is serious and repeated, the employee can resign immediately, but the employer will likely not acknowledge the cause of the resignation and will therefore unilaterally withhold the severance pay.