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Redundancy contribution in case of resignation of the working father during the protected period

News Flash no. 12/2023


Subject: Instructions for the payment of the dismissal fee in the event of resignation of the working father during the period protected by the prohibition of dismissal and experimental activation of the new NASpI application procedure


We refer to our News Flash No. 09 of April 6, 2023, in which we addressed the issue of the payment of the redundancy contribution in the event of resignation during the protected period by the working father, who has benefited and/or benefits from mandatory paternity leave and/or alternative leave to the mother.

INPS, with message no. 1356 of April 12, 2023, has dictated the operating instructions for the payment of the dismissal fee in the event of resignation of the working father that occurred during the period protected by law.


INPS points out that in the event of resignation of the worker during the period of eligibility for mandatory paternity leave (10 days that can be used even on a non-continuous basis starting from two months before the expected date of delivery and up to five months after the actual delivery) and during the period of paternity leave alternative to the mother, and this until the child reaches the age of one year, there is a general prohibition of dismissal.

Dismissal during this protected period is null and void.

Furthermore, during the period for which the prohibition of dismissal is foreseen, in the event of voluntary resignation submitted by the worker who benefits from mandatory paternity leave or alternative paternity leave, the worker “is entitled to the allowances provided for by law and contractual provisions in the event of dismissal. The female and male workers who resign during the aforementioned period are not required to give notice”.

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