Early severance indemnity, did you know that you must have a reason to request it?
“Invest Today” published on Of
The worker has the right to request an advance of the severance pay, but only under certain conditions, among which the motivation stands out
In a historical moment in which the prices of consumer products continue to rise, while incomes remain substantially unchanged, there are those who could resort to aid which for many workers, over time, has been a godsend. Let's talk about requesting a advance of your TFR, severance pay component, which it is possible to obtain even before the employment relationship ends, but only in specific situations: there are conditions to be respected, one of which is the existence of a basic reason that justifies the request.
Excellent support for moments of great difficulty, the Severance Indemnity (TFR), in fact, increases every month during the contract period. How can this be requested? What are the obstacles to face to get it?
The requirements for obtaining early TFR
The request for advance of the severance indemnity (which can be made only once during the current employment relationship) must comply with the requirements imposed by law, as specified by article 2120 of the Civil Code, among which the following mainly stand out:
- a minimum of 8 years of service at the company, seniority which accrues even in the event of temporary suspension of work activity such as due to an accident, illness or due to leave;
- the maintenance of the request within the limit of 70% of the total due;
with in addition the presence of acceptable reasons to justify the request. In the case of individual agreements or specific collective agreements, the conditions for the request may vary.
Acceptable reasons are an essential requirement for obtaining early TFR
The reasons that lead us to request it, therefore, are essential and fundamental for obtaining the advance of the severance pay despite the fact that the law does not clearly and clearly specify the subordination of the request to a specific reason, but it is still important to bear in mind that requesting the advance of the severance pay without 
providing it can substantially change the entire practice.
In this case it would no longer be an advance disbursement, but ordinary remuneration subject to INPS contributions and ordinary Irpef taxation, or by tax brackets based on income. The employer will therefore have the burden of recalculation of severance pay and, in the event of excess net amounts, it will be able to retaliate against the employee or even issue a legitimate refusal for lack of a plausible reason.
Among the reasons considered acceptable we find more and more variables because the Law, over time, has widened the mesh allowing the inclusion of more cases such as:
- the use of the money for medical reasons, for drugs, operations or treatments;
- for thebuying a first home for themselves or their children (secondary residences are excluded);
- to support the costs of optional maternity leave
- for the redemption of a house already occupied for another reason;
- for leave for training or continuing education;
- for the purchase of land for the purpose of building or for a mortgage loan.
On the other hand, requests for early severance indemnity for restructuring, to settle debts or in the absence of full ownership of the asset are not considered valid.
The liquidation of the severance pay for private sector employees arrives immediately, that of the state employees even after two years.
Related news:
FONCHIMCAN THE WORKER HAVE AN ADVANCE FROM THE FUND ON THE ACCRUED POSITION, IN A SIMILAR WAY TO WHAT IS PROVIDED FOR THE TFR IN THE COMPANY?
Moreover.
With no time limits (for health care costs) or after 8 years of membership (for first home purchase or renovation), you can access the 75% of the entire position, not just the TFR paid.
Furthermore, after 8 years of membership you can request the 30% of the position without any specific reason.
IS THERE A LIMIT TO REQUESTS?
The advance can be requested several times, as long as the % limit is not exceeded. Therefore, without specific reasons, the 30% of the position cannot be exceeded cfully matured, in the other cases the 75%.
DOES THE ADVANCE REQUESTED IN THE COMPANY PRECLUDE THE ONE SENT TO FONCHIM?
No, as they follow two completely separate paths.
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The computer system allows Enasarco members to ask the anticipation of the Firr by brackets, the first of which not exceeding 10%, up to a maximum of 30% of the total set aside.
We remind you that it will be possible to request disbursement for Firr accounts for an amount of at least 1,000 euros, with the option of choosing the agency relationships for which to request the advance.
The Foundation will make the new procedure available in the reserved area in Enasarco after the necessary go-ahead from the vigilant Ministries.
