Unlawful to advance monthly portions of severance pay in paycheck

News Flash No. 14/2025

The National Labor Inspectorate, in its Note No. 616/2025, clarified that it is not lawful to pay monthly severance pay dues in paychecks outside the cases provided for by law.

In a special way, it is pointed out that the legal regulation that had introduced the so-called "QUIR" (supplementary share of salary, introduced in 2015 through a mechanism that allowed, for workers in the private sector applicants, the monthly payment of severance pay) no longer exists.

Law No. 190/2014 (the so-called Stability Law for 2015) had actually introduced the measure only on an experimental basis and was active from March 1, 2015 until June 30, 2018.

The measure therefore no longer exists today, due to the lapse of the legal provision that introduced it only on an experimental basis, and no longer extended.

Any form of payroll advance of severance pay must comply with the constraints of Article 2120 of the Civil Code.

In this context, the Inspectorate reiterates that the collective or individual agreement may have as its object an anticipation of the provision accrued at the time of the agreement and not a mere automatic transfer to the payroll of the monthly accrual, which, at this point, would constitute a mere wage supplement, with consequent repercussions also in terms of contributions.

Any disbursement outside the assumptions provided for in Article 2120 of the Civil Code is, therefore, a violation of legal regulations.

Want to know more?

Subscribe to studiopiceci.com to continue reading these exclusive posts.

Sign up now