Article 2 of Law n. 92/2012 introduced the Social Insurance Employment (ASPI) which aims to provide unemployment benefits to workers affected by involuntary unemployment .
From the wording of that legislation, says the Ministry, it may be inferred that the grounds for exclusion dall'ASpI are mandatory and include: 1) cases of resignation (with the exception of the resignation for good cause and resignations during the period maternity protection of the law) and 2) cases of consensual termination of the employment relationship.
Accordingly, it nell'interpello law, "is not impossible" that the compensation paid to that question is even in cases of disciplinary dismissal, as well as the rest has sought to clarify the Institute pension which he has acted with several circulars (cf. INPS circular n. 140/2012, 142/2012, 44/2013) to regulate specifically the grounds for exclusion of the payment of compensation in question without addressing the possibility of disciplinary dismissal.
In support of the above, the Ministry points out that the Constitutional Court judgment no. 405/2001, had ruled as to whether, in the case of disciplinary dismissal, would be paid the maternity allowance, in answer in the sense of believing that its exclusion constituted a failure of the Articles 31 and 37 of the Constitution in regard to maternity protection was assigned a higher importance than the reason for the dismissal already finding "that gave cause to dismissal (...) however it effective sanction."
The disciplinary dismissal, therefore, should be evaluated with the same method of reasoning adopted by the Constitutional Court assumed that the dismissal specification may already be considered an adequate response to the ordering behavior of the worker and deny payment of the ASPI constitutes an additional reaction sanctions against him.
Different standpoint, the Ministry still observed, first disciplinary dismissal can not be qualified as unemployment "voluntary." Moreover, considering that the Judge may deem illegitimate measure, in which case it may be unfair to deny the protection provided dall'ASpI .
In recognition of the ASPI treatment in favor of the employee shall the obligation of the employer to pay the contribution provisions of art. 2, paragraph 31 of Law 92/2012 in the case of disciplinary dismissal for justified grounds or for good cause.
Source: Il Sole 24 Ore Click to listen highlighted text! The disciplinary dismissal is a possibility of unemployment involuntary so that, even in this case, it is the unemployment benefits (ASPI). This was stated by the Ministry of Labour and Social Policy, received the opinion of the Directorate-General for Policies for Active and Passive Labour, with ruling no. 29/2013 of 23 October 2013 in response to a request made by the National Council of Labour Consultants. Article 2 of Law n. 92/2012 introduced the Social Insurance Employment (ASPI) which aims to provide unemployment benefits to workers affected by involuntary unemployment . From the wording of that legislation, says the Ministry, it may be inferred that the grounds for exclusion dallASpI are mandatory and include: 1) cases of resignation (with the exception of the resignation for good cause and resignations during the period maternity protection of the law) and 2) cases of consensual termination of the employment relationship. Accordingly, it nellinterpello law, is not impossible that the compensation paid to that question is even in cases of disciplinary dismissal, as well as the rest has sought to clarify the Institute pension which he has acted with several circulars (cf. INPS circular n. 140/2012, 142/2012, 44/2013) to regulate specifically the grounds for exclusion of the payment of compensation in question without addressing the possibility of disciplinary dismissal. In support of the above, the Ministry points out that the Constitutional Court judgment no. 405/2001, had ruled as to whether, in the case of disciplinary dismissal, would be paid the maternity allowance, in answer in the sense of believing that its exclusion constituted a failure of the Articles 31 and 37 of the Constitution in regard to maternity protection was assigned a higher importance than the reason for the dismissal already finding that gave cause to dismissal (...) however it effective sanction. The disciplinary dismissal, therefore, should be evaluated with the same method of reasoning adopted by the Constitutional Court assumed that the dismissal specification may already be considered an adequate response to the ordering behavior of the worker and deny payment of the ASPI constitutes an additional reaction sanctions against him. Different standpoint, the Ministry still observed, first disciplinary dismissal can not be qualified as unemployment voluntary. Moreover, considering that the Judge may deem illegitimate measure, in which case it may be unfair to deny the protection provided dallASpI . In recognition of the ASPI treatment in favor of the employee shall the obligation of the employer to pay the contribution provisions of art. 2, paragraph 31 of Law 92/2012 in the case of disciplinary dismissal for justified grounds or for good cause. Source: Il Sole 24 Ore