Court dismisses Customs Agency appeal, upholding public service mobility transfer rules requiring retention of original job classification.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the Customs Agency's appeal against a lower court ruling that favored a municipal police officer regarding her job classification after a voluntary transfer. The officer argued that her new position should match her original duties, while the Agency contended that abstract salary tables should dictate her new rank. The court ruled that public service mobility constitutes a civil law contract assignment where objective elements like seniority and original classification must remain unchanged, invalidating the Agency's reliance on abstract tables.
Regesto Legislator
Generato dall'IAArt. 30, d.lgs. n. 165/2001; Art. 1406 c.c.: The institution of mobility in privatized public employment constitutes a mere subjective modification of the relationship under civil law contract assignment rules, binding the transfer to the invariance of objective relationship elements such as seniority, classification, and economic treatment.