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Special benefit for unemployment in the building sector Law no. 427 of 06 August 1975
The special benefit in the building sector is an unemployment benefit for workers made redundant by building and related companies, including artisanal companies. The service has been abolished as of 01 January 2017.
The measure is intended for workers made redundant by building and related companies, including artisanal companies, for:
- termination of company activities;
- completion of the building site or individual work steps;
- staff reduction;
Only workers made redundant by causes specifically relating to the company may benefit from the benefits.
Workers dismissed for subjective situations such as dismissal for just cause or voluntary resignation are excluded.
Start date and duration
The benefit starts from the date on which the workers have made their willingness to work known to the Employment Centre:
- the first day of unemployment, i.e. the day following the date on which the employment ceases, if the availability declaration is made within seven days of dismissal;
- from the date of declaration of availability if it is made seven days after dismissal;
- any compensation for failure to give advance notice shall not affect the starting date of the service.
The special period is for 90 days and is paid for a maximum of 30 days per month, including Sundays and other public holidays, except for February as 28 days are paid (29 in leap years).
What am I entitled to?
The benefit is for 80% of the average daily wage for a maximum of €547.39 (no longer updated since 1991 following the abolition of the quota allowance).
The average daily payment is equivalent to a seventh of the figure that is obtained by dividing the 40 hour weekly timetable by the average hourly wage, subject to contributions, during the last four weeks of work.
If an individual contract with fewer than 40 hours per week is concluded, the extent of the special benefit must be determined with reference to the working time agreed between the parties to the part-time employment contract.
For workers who profit from special benefits in one of the days between 18 and 24 December, they shall also be entitled to the special Christmas allowance, which is equivalent to six days of the special benefit plus family allowances.
In order to receive the benefit in the two-year period preceding the date on which the employment relationship is terminated, applicants must have at least 10 monthly contributions or 43 weekly contributions paid or due for work done in the building industry.
Any periods covered by imputed contributions are excluded from such calculation. However, periods of entitlement to special unemployment benefit are automatically recognised as useful for the purposes of entitlement to a pension and the determination of the amount of the pension.
The two-year reference period may be extended on the basis of periods considered neutral by the provisions in force for ordinary unemployment benefit such as illness, accident, Wage Subsidy or military service.
Validity for the purposes of achieving the contribution requirement for the retirement is only recognised from 2001. Periods up until 31 December 2000 are, however, used only for the purposes of calculating the pension amount.
The measure is incompatible with personal pension benefits payable by the invalidity, old-age and survivor's General Compulsory Insurance (AGO) for dependent workers, with the systems replacing, exempting and excluding such insurance, with the special management scheme for self-employed workers, and with the early retirement benefits.
When can I claim?
Following the introduction of the ASpI, currently substituted by the NASpI, for those made redundant up to 30 December 2016 who receive special benefits should submit a NASpI claim within 68 days of the date of dismissal, if the requirements are met, as the latter is definitely paid for a period of more than 90 days.
Workers will therefore only have an advantage in applying for this benefit if it is submitted 68 days after the date of dismissal.
How can I claim?
The claim to the INPS must be made online by using the dedicated service.
Alternatively, claim can be made by:
- phoning the Contact Centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones.
- electronic services offered by patronage institutes and intermediaries thereof.