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Special unemployment benefits Law no. 223 of 23 July 1991 and Law no. 451 of 19 July 1994

Publication: 01/03/2022

The special benefits are a wage subsidy benefit for workers made redundant by building companies which are located in areas with a serious employment crisis due to the planned completion of industrial installations or large public works and ascertained by the Ministry of Labour and Social Policies.

Assistance was abolished from 01 January 2017 by Article 2, paragraph 71(c) and (f).

The special benefit is intended for:

  • workers made redundant by companies operating in areas with serious employment crises due to the planned completion of industrial installations or large public works and ascertained by the Ministry of Labour and Social Policies;
  • workers made redundant after a progress of work greater than 70%;
  • workers residing in the area where work is completed but in districts with unemployment levels above the national average.

Workers who have already benefited from the special Wage Subsidy benefits provided for by Article 4 of Law no. 223 of 1991 are subject to Law no. 451 of 1994.

In any case the benefit is only paid for workers made redundant until 30 December 2016.

Start date and duration

The benefit is paid for a maximum of 18 months, extended to 27 months in areas in the South, and in any case never beyond the maximum state of crisis limit defined by the decree of the Ministry of Labour and Social Policies.

The benefit begins on the date of registration on the mobility lists, which is usually the day after dismissal or the first day of unemployment and special benefits.

What am I entitled to?

The amount is equal to 100% of the special benefits provided, within the limit established each year by the revaluation of the ISTAT consumer price index and by the identification of the bracket to which the individual belongs.

The gross global amount, received by the worker with the monthly pay immediately before termination of the employment relationship, must, as a basis for the calculation, only take the items unrelated to work attendance and the accruals of the thirteenth and fourteenth months.

The amount of the subsidy is acquired as follows:

  • the reference payment is identified;
  • the bracket to which the individual belongs and the relevant maximum limit are established. There are two brackets, and the value of remuneration and the limits are reassessed annually;
  • if the calculated amount is lower than the maximum limit, 80% of the remuneration is obtained, while if it is higher the maximum is paid.

The obtained amount due is 100% for the first 12 months reduced by 5.84%, and then 80% of the amount paid in the first 12 months, but without the 5.84% reduction.

From 31 December 2000, periods of benefit entitlement are automatically recognised as useful for attaining the right to and the extent of the old-age and retirement pension. Previously, the periods were valid only for entitlement to an old-age pension and for the calculation of the amount of the pension.

Where provided for, workers receiving the benefits are also entitled to the Family allowance by submitting their claim to the competent INPS structure with form ANF/PREST COD. SR32.

Withdrawal of benefit

During the benefit, if the worker accepts an offer for fixed-term or permanent employment, they remain registered with the mobility list but the benefit is suspended. The same is also provided for probationary periods and, in the event of failure, workers shall be re-registered on the mobility lists no more than three times, while retaining the right to the remaining part of the benefit.

The benefit and registration in the lists are withdrawn if the workers who become re-employed do not inform the competent INPS structure of this fact within five days.

The benefit is withdrawn in all the following cases:

  • use of the benefit for the maximum period laid down by law;
  • refusal to start or irregular attendance of a professional training course authorised by the region;
  • rejection of a job offer of professional equivalence or which is even inter-branch in nature, despite the fact that it complies with national collective labour agreements and is set at a level of pay no lower than 20% of that for the sourced tasks;
  • refusal in the absence of a work with the characteristics of the previous point to the use in public utility works or services;
  • receipt of the benefit in a lump sum;
  • expatriation in the search for employment;
  • employment on full-time and permanent contracts and in all cases in which the unemployment status is lost.

Requirements

In order to obtain special unemployment benefits, the worker must have been employed by one or more building companies for at least 18 months. This requirement may take into account multiple employment relationships, even if they are performed with multiple employers, but must all occur in areas suffering serious employment crises.

Law no. 451 of 1994 instead claims corporate seniority of at least 36 months, of which 24 are of effective work at the company that issued the dismissal.

How can I claim?

The claim for special unemployment benefits for building sector workers must be submitted to INPS through the dedicated online service.

Alternatively, claims can be made by:

  • phoning the Contact Centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
  • via electronic services offered by patronage institutes and intermediaries thereof.