With a ruling dated 20 July 2021 (text), the Tribunal of Como upheld the appeal filed by an executive (assisted by the Firm, with Lawyer Giuseppe Matarazzo) to whom the “NASpI allowance” was initially denied. According to the National Social Security Institute (“INPS”), the mutual termination of the executive’s employment relationship following her transfer to another company site was indeed determined by “personal and professional reasons” (generically referred to in the settlement agreement); moreover, the executive had received a “substantial incentive” and, lastly, the new place of work – Milan, as opposed to the previous site based in Florence – represented a “more favourable condition for the executive” (formally resident in the province of Como).
Adhering to the position of the executive, the Court clearly reiterated that:
It follows that, also considering the executive’s de facto residency (duly proved and documented by the executive), she is entitled to receive the NASpI allowance, with payment in a single instalment of all outstanding monthly payments.
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