Dismissal ticket in the event of resignation by the working father during the protected period
- giorgiafrisenda
- May 2, 2023
- Reading time: 4 min
News Flash No. 12/2023
Subject: Instructions for payment of the dismissal fee in the event of resignation by the working father during the period protected by the dismissal ban and experimental activation of the new NASpI application procedure
We follow up on our Flash News No. 09 of April 6, 2023, in which we addressed the issue of payment of the dismissal ticket in the event of resignation during the protected period by the worker who is a father and who has taken and/or is taking compulsory paternity leave and/or alternative leave to the mother.
In its message no. 1356 of April 12, 2023, INPS (the Italian National Social Security Institute) issued operational instructions for the payment of severance pay in the event of the resignation of a working father during the period protected by law.
The INPS points out that in the event of the worker's resignation during the period of compulsory paternity leave (10 days, which may be taken on a non-consecutive basis from two months prior to the expected date of birth and up to five months after the actual birth) and during the period of paternity leave as an alternative to the mother, until the child reaches one year of age, there is a general prohibition on dismissal.
Dismissal during this protected period is null and void.
Furthermore, during the period in which dismissal is prohibited, in the event of voluntary resignation by a worker who is taking compulsory paternity leave or alternative paternity leave, the worker "is entitled to the indemnities provided for by law and contractual provisions in the event of dismissal. Female and male workers who resign during the aforementioned period are not required to give notice."