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The instance to the Labor Court promoted by the company in order to ascertain the suitability assessment of the worker’s tasks

  • 18/09/2018

In a ruling dated July 6th, the Court of Milan upheld the instance of a company that, challenging the prescriptions of the competent doctor, has asked to ascertain the suitability of the worker to perform the tasks assigned to him.

The Court assessed the right of the employer to contest the content of the assessment of suitability formulated by the doctor: considering the employee's general state of health and the manner in which his duties are carried out, the employer can therefore question the actual need to comply with certain requirements given by the doctor asking for clarifications to this or doing an instance under Article. 41, paragraph 9, Legislative Decree. 81/2008 or, again, by promoting specific judicial assessment action.

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