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Allowance for dependent workers who are called to arms after having finished the military service

Publication: 04/03/2022

For workers who are called to arms, an allowance and conservation of their job are envisaged (Law No. 653 of 10 June 1940).

Law No. 370 of 3 May 1955 extended to all workers, both public and private, the conservation of their job and the acknowledgement of the period spent serving the armed forces as seniority.

The allowance is for dependent workers with the status of worker, employee or manager in private industrial, artisan, agricultural, trade, credit, insurance, professions and arts, port companies and other companies and dockworker companies, including de facto members of cooperative institutions. They must also be hired under permanent, fixed-term, training and employment contracts or seasonal contracts, with a probationary period or termination notice.

Start date and duration

Workers called to arms have the right to receive financial benefits for the time they serve.

What am I entitled to?

For the first two months of serving the armed forces, workers are entitled to an allowance equal to the entire payment. The above amount is only granted for two monthly payments within a year even if workers are called to serve several times.

Beyond two months and until the end of their service, allowance is equal to the difference between the entire payment and the military benefit if the latter is of a lower amount.

If the dependent worker is employed by more than one employer, he/she is entitled to an amount equal to the total wages received by the different employers and the allowance is paid by the employer when the dependent worker who is called to serve provides his/her main services (considered according to the number hours or based on payment).

Employers, in the sectors of industry, artisanal, credit and insurance, directly make the payment with the attached document of the military authority attesting to the position of the worker called to serve in the armed forces, the starting date and the military rank. The employer therefore advances in the pay slip on behalf of INPS an amount corresponding to the allowance together with any Family allowance and enters the adjusted amount upon completion of the UNIEMENS form.

Withdrawal of benefit

Allowance is suspended:

  • during extraordinary unlimited military licenses or those lasting more than 30 days;
  • during convalescence licenses after the first month;
  • in the event of complete termination of the company's activities on which the worker depends (the benefit is suspended on the date of termination);
  • in the event of the worker’s resignation during the period he/she is called to serve (the benefit is suspended from the date of termination of the employment relationship);
  • in the event of bankruptcy of the company on which the dependent worker depends (the right to allowance ends with the bankruptcy closure).

Please note that the benefit is subject to normal social security and tax deductions and the credit of imputed contributions is envisaged.

Allowance prescribes within two years from the end of the period when a worker is called to arms.

Requirements

The requirements to be entitled to the allowance are: an existing work relationship and a worker being called to arms both for exercises and for service by the military and militarised institutions (Red Cross).

Workers are entitled to allowance:

  • if engaged with the armed forces following the normal period of military service;
  • if they have voluntarily enlisted in the event of exceptional requirements;
  • if reformed, called to serve in the armed forces for the first time;
  • If exempted from military service due to residing abroad who, having returned to Italy after turning 32 years of age, are called to serve in the armed forces.

When can I claim?

Dependent workers can claim when called to serve in the armed forces after finishing the military service requirement.
The document of the military authority, attesting the position of the worker that is called to serve, the relevant starting date and the rank of military officer, is valid for 90 days and must be renewed at each expiry.

How can I claim?

To be able to receive the allowance, the worker must submit a claim to both the employer and INPS.

The claim to INPS must be submitted on-line using the dedicated service.

Alternatively, claims can be submitted by:

  • Calling the contact centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
  • On-line services offered by patronage institutes and intermediaries thereof.