Resignation, dismissal and Severance Indemnity (TFR) of domestic workers

What is it?+

The employment relationship can be terminated by the will of either the domestic worker or the employer. In the first case we can talk of resignation, while the second case concerns dismissal. For both the above it is necessary to duly notify the other party.

Who is it aimed at?+

The notifications service of the termination of the employment relationship is addressed to employers, in the event of dismissal, and to domestic workers in the event of resignation.

How does it work?+

Mandatory notice +

Starting from 29 January 2009, all notices relating to changes or termination of the domestic employment relationship must be submitted to INPS within five days of the event.

From April 2011, these notices must be made by users exclusively using the new on-line service for notifying changes and termination on the INPS website, or at the Contact centre on 803 164 (free from a land-line network) or on the number 06 164 164 from the mobile network.

The termination notice due to the death of the employer must be made by contacting the Contact Centre. The notifying party must have his own login details to access the Institute’s online services and must provide the operator with the employer’s tax identification number and the employment relationship code.

The notice is also effective for the relevant services, the Ministry of Labour and Social Policies, the Ministry of Health, the National Institute for Insurance against Accidents at Work (INAIL) and the prefecture or regional office of the Government.

Law No. 92, of 28 June 2012, (Employment market reform), in force since 18 July 2012, defines in Art. 4, paragraph 17 and following, the procedures to be followed for the purpose of validating the consensual termination or voluntary resignation of dependent workers, including domestic workers.

Starting from 12 March 2016, date of entry into force of the legislative decree No. 151 of 14 September 2015, (implementing decree of the so-called “Jobs Act”), the resignation and the consensual termination of the employment relationship must be carried out “exclusively by electronic means” on the appropriate forms available on the website of the Ministry of Labour and Social Policies (article 26, paragraph 8, Italian Legislative Decree No. 151/2015).

The same Article 26, in paragraph 7, however, expressly provides that the new on-line procedure that replaced the validation procedure must not be applied to domestic work (cites "Paragraphs 1 to 4 are not applicable to domestic work").
From the combined provisions of paragraphs 7 and 8 (repeal of the previous legislation and failure to apply the new regulations), it follows that the validation of the resignation by the worker still applies only in the event of resignation or consensual resolutions prior to 12 March 2016.

The methods to be followed in this case were two, one alternative of the other:

  • validation of the worker at the territorial job management or the regionally relevant Employment Centre, or at the offices identified by the national collective agreements signed by the comparatively more representative trade unions at national level (paragraph 17);
  • signature by the worker of a specific statement at the bottom of the receipt of the notice of termination sent to INPS (paragraph 18).
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