Notice of termination in the event of resignation by a working father during the protected period
- May 2, 2023
- Reading time: 4 min
News Flash No. 12/2023
Subject: Instructions for paying the severance fee in the event of a working father’s resignation during the period protected by the ban on dismissal, and the pilot implementation of the new NASpI application procedure
This is a follow-up to our Flash News No. 09 of April 6, 2023, in which we addressed the issue of the severance pay in the event of resignation during the protected period by a father who has taken and/or is taking mandatory paternity leave and/or leave in lieu of the mother’s leave.
In its Notice No. 1356 of April 12, 2023, INPS issued operational instructions regarding the payment of severance pay in the event of resignation by a working father during the period protected by law.
The INPS notes that if an employee resigns during the period in which mandatory paternity leave is available (10 days, which may be taken non-consecutively starting two months before the expected date of birth and continuing up to five months after the actual birth) or during the period of paternity leave taken in lieu of the mother’s leave, and this applies until the child reaches one year of age, there is generally a prohibition on dismissal.
A dismissal issued during this protected period is null and void.
Furthermore, during the period in which dismissal is prohibited, if an employee who is on mandatory paternity leave or alternative paternity leave voluntarily resigns, the employee “is entitled to the severance pay provided for by law and contract in the event of dismissal. Employees who resign during the aforementioned period are not required to give notice.”
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