News Flash No. 12/2023
Subject: Instructions for the payment of the dismissal fee in case 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 follow up on our News Flash No. 09 of April 06, 2023, in which we addressed the issue of severance payment in the event of resignation during the protected period by a father worker who has taken and/or is taking mandatory father's leave and/or alternative leave for the mother.
Inps, with message No. 1356 of April 12, 2023, dictated the operational instructions for the payment of the dismissal ticket in case of a working father's resignation occurred during the period protected by the law.
Inps points out that in the case of resignation of an employee during the period of eligibility for mandatory paternity leave (No. 10 days usable even non-continuously from two months prior to the presumed date of delivery and up to five months after the actual delivery) and during the period of alternative paternity leave to the mother, and that is until the child is one year old, there is generally a prohibition against dismissal.
Dismissal given during this protected period is null and void.
In addition, during the period for which the prohibition against dismissal is provided, in the event of voluntary resignation submitted by the employee taking mandatory paternity leave or alternative paternity leave, the employee "shall be entitled to the indemnities provided by legal and contractual provisions for the case of dismissal. A worker who resigns during the aforementioned period is not required to give notice".