INPS Guarantee Fund: new salary recovery procedure and unpaid severance pay
The request to ask for the intervention of the special Guarantee Fund has been simplified 
of the INPS
With the message number 2303 of June 1, 2022, the INPS has illustrated the new ways to present the application for intervention of the Guarantee fund.
The goal is to make faster and more accessible the compilation of the application and the subsequent intervention of the Fund, in order to allow workers a faster payment of outstanding salaries and/or severance pay.
Guarantee Fund, what is it?
It's a bottom set up at the INPS which, in the presence of certain circumstances, pays the salaries and/or the severance pay to the employees instead of the employer.
The resources of the fund come directly from the companies, which each month must pay the Fund a percentage of the 0.2% of the taxable salary.
In this way INPS receives contributions to guarantee the intervention of the Fund in the cases provided for by law.
Has a solidarity origin and purpose: guaranteeing workers salaries and severance pay in the event of bankruptcy or insolvency of their employer.
When does it intervene?
The Guarantee Fund intervenes in the following cases:
- non-payment of severance pay;
- non-payment of salaries (maximum the last three months);
- failure to pay accruals to the pension fund.
The intervention does not operate on the basis of the simple default of the company, but it must be a situation of declared insolvency of the employer.
In fact, the intervention of the Fund can be requested only in cases of company bankruptcy you hate homologation of the composition with creditors or compulsory administrative liquidation.
For companies that cannot be subject to bankruptcy proceedings, the worker can request payment from the Fund only after one or more foreclosures, the company's patrimonial guarantees are not sufficient for the recovery of the credit.
How much does it pay?
The fund does not pay all salaries, but only the last three paychecks.
And the payment does not always cover the full amount. There is a precise limit: the sum cannot be greater than approx 3,600 euros gross, i.e. the equivalent of three times the measure of the extraordinary monthly wage integration treatment.
Also pay attention to deadlines: unpaid salaries must be within the previous 12 months the act which initiated the bankruptcy or the garnishment or the initiation of winding-up.
For the TFR, Instead, there is no limit amount and the Fund pays the full amount.
How to apply for the INPS Guarantee Fund
The application must be transmitted electronically, personally or with the assistance of a Caf - patronato, by logging in from the appropriate section on the INPS website.
What documentation is required?
The collection of documents changes according to the bankruptcy procedure in which the former employer is involved.
In any case, it is necessary to attach the decree of enforceability of the state of liabilities or – in the case of a composition with creditors – the decree of approval, which shows the amount of the credit claimed by the worker.
In the case of a company that cannot be subject to bankruptcy, the deeds demonstrating the attachment attempts must be attached.
When to apply?
It is necessary to wait thirty days from the communication of the enforceability decree of the passive state or, in the case of an agreement, from the day after the publication of the approval decree.
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Note:
the TFR it is found at the bottom of the paycheck and normally both what accrues that month and what has been progressively set aside, up to that month, during the year is shown. Pay slips often report how much of the severance pay has been accrued in the previous year in a box with the wording "Severance indemnity provision as at 31/12”. Next to this box you can also find other information such as: the remuneration used for calculating the severance indemnity, annual quota for severance indemnities, revaluation of severance indemnities and related tax; TFR to Funds (pension), advances. The calculation of the severance indemnity does not include the remuneration relating to the overtime worked.
