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  2. Unemployment, suspension from work and workers' protection
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  4. Unemployment benefit for frontier workers other than frontier commuters paid on the basis of Community social security regulations (Article 65 of EC Regulation No. 883/2004)

Unemployment benefit for frontier workers other than frontier commuters paid on the basis of Community social security regulations (Article 65 of EC Regulation No. 883/2004)

Publication: 01/03/2022

It is a benefit which, according to Community legislation, is paid by the Country of residence to frontier workers other than frontier commuters who, during their last employment, resided in a country other than that in which they were insured. For persons falling within the scope of the aforementioned regulation, residing in Italy and insured in other Member Countries, NASpI unemployment benefits are paid if the requirements of national legislation are met.

The compensation is paid to frontier workers and certain categories of workers other than frontier commuters who are insured in a Member Country other than the one in which they normally reside.

Included in this last case are those insured in a Member Country other than that of residence:

  • maritime workers;
  • persons who normally carry out activities in the territory of at least two Member Countries;
  • crew and cabin crew members involved in air, passenger or freight transport;
  • persons to whom an agreement applies pursuant to Article 16 (1), Regulation (EC) No. 883/2004 of the European Parliament and of the Council, of 29 April 2004, concerning the coordination of social security systems;
  • seasonal workers.

START DATE AND DURATION

Based on Article 65 of Regulation (EC) No. 883/2004, the service is provided in the manner prescribed by the national legislation of the Country of residence.

Therefore, in the case of unemployed residents in Italy, the effective date and duration will be those set by the NASpI unemployment benefit.

WHAT AM I ENTITLED TO?

According to Article 65 of Regulation (EC) No. 883/2004, to calculate benefits, the institution of the Member Country of residence takes into account the remuneration received by the person in question in the Member Country of last employment. The same applies, therefore, also for calculating NASpI unemployment benefits for frontier workers and other who resident in Italy.

The amount of the benefit can never exceed the maximum limit established annually by the law for NASpI unemployment benefits.

Workers who receive unemployment benefits may apply for a family unit allowance only if they meet the requirements for dependent workers.

The compensation is paid directly by INPS and collected by crediting a bank or postal current account (with information on the applicant's residence CAP or domicile details). According to the current legal provisions, public administrations cannot make cash payments for net amounts exceeding Euro 3,000.

REQUIREMENTS

To check whether insurance and contribution requirements have been met, the institution of the Member Country of residence takes into account periods of insurance completed in the Country of last employment and, if necessary, resorts to the totalisation also of periods completed in other Member Countries, considering them as periods of insurance completed under its own legislation.

For workers residing in Italy insured, finally, in another Member Country, the requirements to obtain NASpI benefits can be met even if the claimant has never been insured in Italy, taking into account the periods of insurance and contribution accrued in the Country of last insurance and, possibly, also those accrued in other Member Countries.

According to Article 65 of Regulation (EC) No. 883/2004, frontier workers who remain unemployed:

  • must register with the employment offices of the Country of residence;
  • may also register at the employment offices of the Country of last employment;
  • must comply with the conditions and controls required by the legislation of the Country of residence and, possibly, those of the Country of last employment;
  • if they also register with the employment offices of the Country of last occupation, they must notify their registration to the employment offices and the institutes of the Country of residence.

The conditions for entitlement and duration are determined by the legislation of the Country of residence.

Workers other than the frontier workers who remains unemployed and do not return to the Country of residence must register with the employment offices of the Country of last employment and comply with the conditions and controls provided for by the legislation of that Country. The conditions for entitlement and duration are determined by the legislation of the Country of last employment.

Workers other than frontier workers, who are unemployed by the Country of last employment and who return to the Country of residence by exporting the benefits, must register with the employment offices of the Country of residence and comply with the conditions and controls provided for by the legislation of the Country of residence.

In this case, benefits paid by the Country of residence will be paid only for the remaining period, minus the periods already compensated by the Country of last employment.

WHEN CAN I CLAIM?

The frontier workers resident in Italy and workers other than frontier workers who return to Italy (Country of habitual residence) must submit to the INPS a claim for NASpI unemployment benefits, while those other than frontier worker who do not return to Italy and are registered with the employment offices of the Country of last employment must submit the claim for unemployment to the relevant institution of that Country.

Frontier workers other than frontier commuters who return to Italy must attach the U1 portable document certifying the periods of insurance with the date, the reason for the termination and the worker's qualification, as well as all documentation of certification of work abroad (contract of work, pay slips, etc.). If the applicant does not have the portable document U1, the necessary information will be claimed directly by the INPS branch which is regionally relevant to the foreign institution in question.

Workers other than frontier commuters (seafarers, persons who normally operate in the territory of at least two Member Countries, members of flight and cabin crews involved in air transport, passengers or goods and persons to whom an agreement applies pursuant to Article 16, paragraph 1, of the EC Regulation No. 883/2004) must enclose the portable document A1, which certifies the applicable social security legislation and their situation and data of the Country of last insurance if they have it.

HOW CAN I CLAIM?

The claim to the INPS must be submitted online using the dedicated service.

Alternatively, claim can be made 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 of the Institute.
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