Italy clarifies law 104: teacher transfers not absolute, caregivers exempt from night shifts

The Italian Supreme Court ruled that the priority granted to teachers who are caregivers under law 104/1992 is not absolute for inter‑provincial transfers. The Court affirmed that collective bargaining agreements may grade the preference to balance family needs with the functioning of the school system.

Separately, Italian labour law confirms that workers who assist a disabled family member may refuse night‑shift work. The exemption applies regardless of the employee’s contract type, employer size, or the severity of the disability, and must be exercised by notifying the employer.

Both rulings reinforce that law 104 provides protections for caregivers while allowing administrative flexibility.