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Social safety nets
NASpI: new contribution requirement for those resigning from permanent Employment within 12 ,onths prior to unemployment
INPS
Recent changes to the NASpI unemployment benefit introduce, starting in 2025, a new requirement for individuals who voluntarily ended a permanent employment contract within the twelve months preceding their involuntary unemployment.In such cases, the worker will be eligible for NASpI only if there are at least thirteen weeks of contributions between the voluntary termination and the new involuntary unemployment event.This new rule does not apply in the case of resignations for just cause, those submitted during protected maternity or paternity leave, or mutually agreed terminations carried out through formal conciliation procedures as defined by law.Furthermore, the new requirement applies regardless of the type of contract — whether fixed-term or permanent — to which the subsequent involuntary termination refers.
For the calculation of the thirteen weeks, all paid weeks, credited contributions for mandatory maternity leave, and certain parental leave periods are considered valid, as well as specific periods of employment abroad or leave due to a child’s illness.However, this new rule does not affect the amount or duration of the benefit, which remain governed by the existing rules.
Settlement, conciliation, mutual termination
Without confirmation, mutual termination remains suspended: clarification by the court of cassation
Italian supreme court (Cass.)
A worker, a journalist, asked the court to confirm the continuation of her employment relationship with a company, despite the opposing party claiming that an implied mutual termination had been finalized. The lower courts dismissed the claim, asserting that the termination was not subject to the legal provisions requiring confirmation, as those provisions, in their view, applied only to resignations.The Court of Cassation, however, clarified that mutual termination of an employment contract, even if implied (tacit), remains temporarily ineffective until it is formally confirmed in the manner prescribed by law.The lack of confirmation does not nullify the agreement but renders it inactive, suspending its legal effects until it is formalized.
This decision reinforces the importance of procedural safeguards protecting the worker and extends the requirement of confirmation to mutual termination agreements as well.