EU legislation stipulates that workers who become unemployed in one country, having reached entitlement to unemployment benefits according to local legislation in force and as a result of consequent insurance contribution periods or of the totalisation of these contribution periods in one or more countries in the European Union, may continue to receive benefits when moving to another EU country seeking employment.
EU legislation applies to unemployed workers:
- from a country in the European Union;
- from a country in the EEA (Iceland, Liechtenstein and Norway);
- from Switzerland;
- from non-EU countries, only if they are resident in an EU country and at least insured in two member states (INPS Circular No 512 of 15 March 2011);
- stateless persons and refugees residing in a member state.
START DATE AND DURATION
Those receiving ASpI/MiniASpI/NASpI unemployment benefits who move to another member country seeking employment may retain their entitlement to these benefits for up to three months of informing the job centre of their non-availability as an unemployed worker, i.e. from the date they leave Italy.
Those receiving benefits from a foreign country and who return to Italy seeking employment may also retain entitlement to these benefits for up to three months, with EU legislation allowing for this term to be extended for up to six months. Unemployed workers must ensure that the country paying out the benefits provides for this extension.
The ASpI/miniASpI/NASpI unemployment benefits will be discontinued until the employment office in the member state where the unemployed worker has moved to informs the INPS that said worker has registered with them and the date of registration. On receiving this information, the INPS will directly pay the beneficiary the pending allowance from the date they left Italy.
The allowance will be discontinued in this way for unemployed workers who come to Italy, and will continue once the job centre in Italy informs the overseas office that said worker has registered with them. The overseas job centre will then continue to pay the allowance.
If registration with the overseas employment office or with the job centre in Italy occurs after seven days, benefits will be paid out from the date of registration and until the original fixed cut-off date (three months from the departure date from Italy or from the foreign country).
WHAT AM I ENTITLED TO?
An Italian national receiving unemployment benefits from a foreign country who returns to Italy seeking employment may be entitled to the unemployment allowance provided for repatriated citizens, in addition to the allowance for the period overseas.
Days for which benefits have already been paid out by the overseas unemployment office will be deducted from the period eligible for the unemployment allowance as a repatriated citizen (up to 180 days).
The totalisation of insurance periods is also permitted whereby the last member state in which the individual worked must consider, when establishing entitlement to unemployment benefits, the insurance contribution periods accrued in other member states, where necessary.
For example, an individual who worked in Germany from 1 January 2011 to 30 June 2012, in Latvia from 1 July 2012 to 30 June 2013 and in Italy from 1 July 2013 to 15 September 2013, on the basis of the periods accrued in Italy alone (as the country in which they were last employed), would not be entitled to any benefits. However, if they were to combine the periods worked in all these countries, they would reach entitlement to the ASpI, miniASpI or NASpI unemployment allowance and the amount awarded would be calculated on the taxable social security base from employment undertaken in Italy.
The same rule applies when the last country of employment of the individual was not Italy. In this case, by combining the periods worked in every country, entitlement to the unemployment allowance will be reached as provided for by the legislation of the last country of employment.
WITHDRAWAL OF BENEFIT
If an unemployed worker moves overseas seeking employment during the period in which they receive the allowance without informing the job centre, they will lose entitlement to overseas payouts of the allowance. The allowance will be fully recovered from the date the individual informs the job centre of their non-availability (departure date).
To retain entitlement to benefits, unemployed workers must comply with the following terms and conditions:
- before departure, they must be registered as a job seeker;
- the must have been registered as available for work with the employment office in the competent member state for at least four weeks and departure prior to this term must be authorised by the institutes;
- they must be registered as a job seeker with the employment office in the EU country they have moved to;
- they must undergo the checks required and comply with the terms and conditions provided for by the legislation on the matter and in force in the destination country.
Availing itself of the right provided for under EU regulations, Italy has established that, in order for unemployment benefits to be paid out overseas, the person concerned simply has to ensure that they have been registered for at least one day with the job centre prior to departure.
WHEN CAN I CLAIM?
Prior to departure, the ASpI/miniASpI/NASpI allowance beneficiary who moves to another country seeking employment, in addition to informing the job centre in Italy of their non-availability, must ask the competent regional INPS office to issue the U2 portable document, which declares that entitlement to the benefits will be retained, and the U1 portable document, which declares the insurance contribution periods.
The same applies to beneficiaries of an unemployment allowance paid out by a foreign country who return to Italy seeking employment, the only difference being they must inform the overseas institution of their non-availability for work and provide them with the two declaration forms.
In the case of the totalisation, unemployment allowance claimants must specify in the claim in which foreign countries they have worked and, where possible, ask for the declaration form for insurance/employment periods (U1 portable document) to be issued before their departure from the foreign country. Those without the U1 document must enclose all overseas documentation in the claim (payslips, employment contract, etc.) as evidence of employment. It will be up to the competent institution in the country that is to award the benefits to ask the institution in the other country to provide documentation declaring insurance/employment periods, using the forms provided.
HOW CAN I CLAIM?
Beneficiaries of the ASpI/miniASpI/NASpI unemployment allowance who move to another country must register as a job seeker with the employment offices of the member state that they are moving to and must submit the U2 portable document to the institution of said country,both within seven days.
Individuals arriving in Italy must register with the job centre within the same time period and follow the same procedures.