Who qualifies for it, how to apply & what to do if application is rejected
A foreign citizen who is unemployed can qualify to obtain the ordinary unemployment benefit if he/she meets the conditions set by the Law. Ordinary unemployment benefit is meant to help the worker get financial assistance in place of income from work.
Who qualifies for ordinary unemployment benefit?
The benefit is meant for subordinate workers who have not chosen to be unemployed, and therefore don't have an income due to any of the following reasons: firing, suspension due to lack of job, expiry of a work contract.
Those who have willingly decided to resign from work, except those on maternity leave and those who have resigned due to a justified cause (lack of payment, sexual harassment, mobbing, etc) don't have a right to ordinary unemployment benefit.
Even workers who have been suspended from work because the company has been hit by a temporary crisis that has not been caused by either the workers or the employers (scarcity in work, market crisis, etc) also have a right to ordinary unemployment benefit. Foreigners with Permit of Stay for seasonal work don't qualify for ordinary unemployment benefit since they are excluded from obligatory unemployment social security.
Requirements
In order to qualify for ordinary benefit, one must meet the following conditions:
- be unemployed. The certificate showing unemployment status is obtained by reporting to the competent Employment Centre (Centro per l'impiego) and undersigning a declaration in which the worker states the work done previously and declares availability to work
- must have made contributions for involuntary unemployment benefit for at least two years before the date of unemployment
- must have made at least a year's contributions (equivalent to 52 weeks in the last two years before the date of unemployment)
- must have capacity to work
Application
The application for unemployment benefit must be made at the local INPS office (or the Employment Centre or through the Benevolent institutions-Patronati) within 68 days of ceasing work using Form DS21 (Modello DS2).
The following documents must be attached to the application:
- declaration from the last employer (Form DS22 - Modello DS22) or a self-certificate showing information regarding the last work done
- certificate of enrolment with the unemployment listings
- application for Irpef tax relief
Forms DS21 and DS22 and the form for applying for Irpef tax relief are available at the offices of INPS and on the website of INPS, www.Inps.it, on section "moduli" (forms).
Amount
The amount to be received as ordinary unemployment allowance from 1st January 2008 is equivalent to the 60% of the gross monthly pay for the first six months, then it comes down to 50% on the seventh month and finally to 40% for the subsequent months.
Suspended workers are paid unemployment benefit equivalent to 50 per cent of their salary. The highest amount one can receive as unemployment allowance is equivalent to 858,58 Euros. This amount is increased to 1.031,93 Euros for workers who have a gross monthly income exceeding Euro1.857,48 Euros.
These amounts are usually increased every year depending on inflation rate computed by ISTAT.
Duration
From 1st January 2008, the maximum period for receiving unemployment allowance was increased from seven to eight months. Those who are older than 50 years can receive the allowance for 12 months.
Suspended workers can receive the allowance for a maximum of 65 days.
Loss of unemployment benefit
One loses the right to unemployment benefit if he/she:
- has received the benefit for the whole period foreseen by the law
- gets another job for more than five consecutive days
- becomes holder of direct pension (old age pension, seniority, etc)
- is removed from the unemployment listings
Appeal
In case one's application for unemployment benefit is rejected, an appeal can be made on simple paper to the Provincial Committee of INPS within 90 days of receiving the notification.
The appeal can be submitted directly to the office of INPS that rejected the application, sent by post through registered mail with return slip, or submitted through the authorised Benevolent institutions (patronati).
Reduced unemployment benefit
This is unemployment benefit meant for subordinate workers who've worked for a limited period of time, have not made 52 weekly contributions in the last two years, but have worked for at least 78 days in the previous year including public holidays and paid leave of absence.
Requirements
In order to qualify for reduced unemployment benefit, one must meet the following conditions:
- have made contributions for involuntary unemployment benefit for at least two years
- have been a subordinate worker for at least 78 days in the period being referred to
Application
The application for reduced unemployment benefit must be made at the local INPS office using Modello DS21 within 31st March of the year after cessation of work.
The following documents must be attached to the application:
- declaration from the last employer (modulo DL 86/88bis)
- application for Irpef tax relief
Forms (Modulo DL 86/88bis) and the form for applying for Irpef tax relief are available at the offices of INPS and on the website of INPS www.Inps.it, on section "moduli" (forms).
The reduced unemployment benefit is calculated at 35 per cent of the worker's average daily earnings for the first 120 days, then it is lowered to 40% for the subsequent days.
The highest amount one can receive as unemployment allowance is equivalent to 858,58 Euros. This amount is increased to 1.031,93 Euros for workers who have a gross monthly income exceeding Euro1.857, 48 Euros.
The reduced unemployment benefit is given for a maximum of 180 days.
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