Top Legal Awards 2021
02/11/2021
Giovannelli e Associati strengthens the restructuring and banking practice with Marco Amoruso who joins as of counsel
10/11/2021HOT LABOUR TOPICS – The executive is entitled to NASpI allowance even when, with respect to the residency, the new place of work is “more favorable”
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:
- ” if all requirements provided for by law are met, NASpI unemployment allowance shall be awarded even where the employee and the employer agree on the payment … of sums for various reasons and irrespective of the amount recognized“;
- the fact that “the decision to terminate the employment relationship by mutual consent is determined… by her refusal to transfer to another site more than 50 km from her habitual residency, which cannot even be reached by public transport in less 80 minutes” is decisive.
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.
[For request and insight, please contact giuseppe.matarazzo@galaw.it]
