INPS message on the right to NASpI and the prohibition of dismissal for Covid-19 in the period from 17 March to 17 August.
INPS issued message 2261 of 1 June 2020, with which it provides important clarifications regarding the possibility, for workers made redundant despite the prohibition of dismissal for Covid-19 in the period from 17 March to 17 August, to access the hose reels.
In particular, the Institute confirms the possibility of proceeding to the acceptance of applications for unemployment benefits deriving from layoffs imposed during the period in which the blocking of layoffs provided for by the Italian Legislative Decree and extended by the Relaunch decree is valid.
But let’s proceed with order and let’s see briefly what the prohibition to lay off for Covid-19 provides.
Prohibition of dismissal for Covid-19
Article 46 of decree-law 18/2020 (Cura Italia decree), supplemented and modified by article 80 of decree-law 34/2020 (Relaunch decree), provided for the prohibition of dismissal starting from 17 March 2020 and for five months.
In essence, the Government, to avoid the increase in layoffs during the health emergency from Covid-19, has introduced a suspension:
- of collective dismissal procedures pursuant to Law no. 223/1991,
- as well as layoffs for justified objective reason pursuant to art. 3, of L. n. 604/1966.
The relaunch decree also introduced a rule that provides for the possibility for employers who made redundancies for a justified objective reason in the period from 23 February to 17 March, to withdraw the withdrawal by simultaneously requesting layoffs from the date on which the dismissal is effective. In this case, the employment relationship is understood to be restored without interruption, without charges or penalties for the employer.
Having said that, therefore, the dismissals for justified objective reason that occurred during the period from 17 March to 17 August must be considered void; in this case the worker can obtain reintegration in the workplace from the day of dismissal.
Read also: Redundancy blockade, until August 17: news in the Relaunch Decree
For this reason, INPS rejected (or better suspended) the NASpI allowance in this period in cases where it resulted from layoffs for a justified objective reason, alleging that, since it was null layoffs, the allowance was not due. .
Null dismissal and Naspi: opinion of the Ministry of Labor
At the same time, the Institute requested the opinion of the Legislative Office of the Ministry of Labor and Social Policies on the possibility of proceeding with the acceptance of applications for NASpI allowances for these specific cases.
The Ministry’s Legislative Office responded with a note prot. n. 5481 of 26 May 2020, clarifying first of all that the NASpI unemployment benefit is a benefit recognized to workers who have involuntarily lost their jobs and then observing that
therefore, to this end, the null nature of the dismissal for a justified objective reason – notified by the employer in the period subject to prohibition – does not indicate that the ascertainment of the legitimacy or otherwise of the dismissal is up to the court of merit, as well as the identification of the correct protection due to the lender.
Therefore INPS confirms that, after hearing the favorable opinion of the Ministry of Labor, it can proceed to pay the unemployment benefits NASpI for applications received following individual layoffs, which occurred despite the blocking of layoffs provided for by Cura Italia and extended by the Relaunch Decree .
Read also: NASpI 2020: INPS requirements, duration, amount and unemployment calculation
Return of NASpI in case of reintegration
However, the INPS notes that the NASpI will be disbursed by the Institute subject to repetition of what has been disbursed. This is in the hypothesis in which the worker, as a result of judicial or extrajudicial litigation, should be reinstated in the workplace. This means that, even after making the payments of the allowance, the worker will have to return the money if he manages to get reinstated to work.
In this case, the worker is required to communicate the outcome of the dispute (judicial or extrajudicial) to the INPS, via the NASpI-Com model; this for the purpose of restitution of what was disbursed and not due as a result of the illegitimate dismissal that was the basis of the unemployment payment.
The same could happen in the event that the employer revokes the individual dismissal, and then requests the CIG for the worker. Also in this case the worker will have to return the NASpI, but will be entitled to the payment of the IGC.
Prohibition of dismissal and NASpI for domestic workers and co.co.co.
Still following the opinion of the legislative office of the Ministry of Labor, INPS finally announces that the blocking of layoffs does not apply:
- towards domestic workers (domestic workers and carers) who can therefore proceed normally with the unemployment request recognized to them;
- and for co.co.co. since the scope of application of the same article is limited to subordinate employment only.