INPS

The service is intended for dismissed workers, identified in specific regional or inter-ministerial decrees, deriving from legal institutes qualified as companies, as identified by article 2082 of the civil code, for which the conditions for access to any other social income support payments connected to the termination of the Labour relationship envisaged by current legislation are not met.

Mobility in derogation can be applied for by permanent dependent workers, including apprentices and workers under staff leasing contract, identified by decrees, resolutions and regional provisions granting the service as an exception or, for workers in multi-regional companies, by inter-ministerial decrees.

The individual framework agreements between the region and the social partners must be consulted to verify any particular provisions of the competent region, or the inter-ministerial decrees for workers of multi-regional companies.

Start date and duration

The duration of the mobility in derogation is established by the decree, resolution or regional provision and, for the workers of multiregional companies, by inter-ministerial decree.

The maximum duration which can be granted by the regions and autonomous provinces or by the Ministry of Labour and Social Policy changes according to the duration of the unemployment benefits already disbursed to the workers. Therefore, the provision distinguishes between workers who on the starting date of the benefit have already benefited from mobility in derogation for at least three years, even if not continuous, and workers who have benefited from the same for a period of less than three years.

(1) The maximum duration allowed is calculated considering all the mobility periods already granted in the reference year (2014) under agreements entered into prior to the entry into force of inter-ministerial decree no. 83473 of 1 August 2014.

The maximum periods to access the benefit cannot be extended in any case.

(1) The maximum duration allowed is calculated considering all the mobility periods already granted in the reference year under agreements entered into prior to the entry into force of inter-ministerial decree no. 83473 of 1 August 2014.

For these workers (table B) the total duration of the benefit, including the periods authorised in 2014, cannot in any case exceed the maximum period of three years and five months (plus an additional three month period in case of workers residing in the areas referred to in Presidential Decree 218/1978) or three years and four months, including the periods authorised in the 2015-2016 two-year period.

The effective date, indicated in the decision on the right to the benefits, will begin on the subsequent day from dismissal or from the day following the end of the previous temporary unemployment arrangement granted; in fact, decrees granting mobility in derogation cannot provide for the granting of mobility in derogation for non-continuous periods with respect to dismissal or with respect to benefits already concluded (message INPS No. 7189 of 27 November 2015).

What am I entitled to?

The gross amount of the unemployment benefits is equal to 80% of the reference compensation within the limits of the maximum limit envisaged for ordinary mobility, which is revalued annually. The aforementioned benefits are reduced by the 5.84% contribution due under Law no. 41 of 28 February 1986. From the second year onwards, the ordinary mobility amount is 80% of the amount of the first year without a 5.84% reduction.

For mobility in derogation, the amounts paid are subject to further regulatory reductions.

The reductions in gross payment amounts are structured as follows:

• in the first 12 months, the gross amount of ordinary mobility does not suffer any reduction;
• from the 13th to the 24th month, the gross amount of ordinary mobility is reduced by 10%;
• from the 25th to the 36th month the gross amount of ordinary mobility is reduced by 30%;
• from the 13th to the 24th month, the gross amount of ordinary mobility is reduced by 10%;

The family allowance falls under the performance of service.

Withdrawal of benefit

The worker who refuses to submit the declaration of immediate availability to work or to attend professional re-qualification loses the right to any benefit.

Requirements

The worker must be included in a specific decree or decision to approve benefit payments by the competent ministerial or regional body and must meet the following requirements: 12 months of period of service (with at least six months of active work, including time off, holidays, maternity and accident) at the employer who dismissed the worker, and must have submitted the declaration of immediate availability for work or professional re-qualification.

Some regions or autonomous provinces require additional requirements. The framework agreements stipulated between the region of reference and the social partners must be consulted to verify any particular provisions.

When can I claim?

The individual framework agreements between the region and the social partners must be consulted to verify any particular provisions of the competent region or autonomous province regarding the steps to be followed for claim for access to the mobility in derogation, which could include a different claim to be submitted in the region.

In any case, the worker, in order to benefit from the mobility in derogation, must submit a claim to INPS as well, under penalty of withdrawal, within 60 days from the date of dismissal or from the expiry of the previous service used or, if later, from the date of the decree approving the benefit payments.

How can I claim?

The claim must be submitted online at INPS via the dedicated service.

Alternatively, claims can be submitted by:

• phoning the contact centre at 803 164 (free from Italian landlines) or +06 164 164 from mobile phones;
• Via electronic services offered by patronage institutes and intermediaries thereof.

Paragraph 6-bis of Article 44, Legislative Decree no. 148 of 14 September 2015, (added by Decree-Law no. 185 of 24 September 2016) establishes that the regions and the autonomous provinces can order for the years 2014, 2015 and 2016 the use of the resources allocated to them to an extent not exceeding 50% also as exception to the criteria set out in articles 2 and 3 of the inter-ministerial decree no. 83473 of 1 August 2014 on the approval of Wage Compensation Fund and mobility in derogation or, in excess of this quota, by ordering full coverage of charges related to regional finances or resources allocated to the region or autonomous province within the scope of plans or programs consistent with the specific destination pursuant to article 1, paragraph 253, Law no. 228 of 24 December 2012, preferably assigning them to the areas of complex industrial crisis as referred to in Article 27, Decree-Law no. 83 of 22 June 2012, converted with amendments by Law no. 134 of 7 August 2012.