Judgment No. 22922 of 2024: Inclusion of Holidays in NASpI Access Requirements

Judgment No. 22922 of August 19, 2024, by the Court of Cassation, falls within the regulatory framework concerning the requirements for accessing wage integration benefits, specifically NASpI (Nuova Assicurazione Sociale per l'Impiego - New Social Insurance for Employment). This specific case has drawn attention due to the crucial issue of including paid holiday and/or rest days in the calculation of the thirty days of effective work required by law.

Regulatory Context

Legislative Decree No. 22 of 2015, particularly Article 3, paragraph 1, letter c), establishes the criteria for accessing new wage integration benefits, including NASpI. According to this provision, it is necessary to have accumulated a certain number of days of effective work in the twelve months preceding the start of unemployment. However, the judgment in question clarifies a fundamental aspect: paid holiday and rest days must be considered as effective work.

Judgment Summary

Requirements for access to new wage integration benefits pursuant to art. 3, paragraph 1, letter c), of Legislative Decree No. 22 of 2015 - Effective work - Inclusion of paid holiday and/or rest days - Basis - Case law. Regarding access to new wage integration benefits (so-called NASpI), the requirement of thirty days of effective work in the twelve months preceding the start of unemployment, as per art. 3, paragraph 1, letter c), of Legislative Decree No. 22 of 2015, also includes paid holiday and/or rest days, as they constitute essential and inherent breaks in the employment relationship, constitutionally guaranteed. (In this case, the Supreme Court confirmed the appellate court's judgment which recognized the benefit for a female worker who, in the period preceding the termination of her employment, had enjoyed an uninterrupted period of holidays, corresponding to almost the entire year 2015).

Practical Implications of the Judgment

This judgment represents a significant step forward in protecting workers' rights. Paid holidays and rest days cannot be considered periods of inactivity but rather an integral part of the employment relationship. The main consequences are:

• Effective recognition of workers' rights, ensuring fair access to wage integration benefits.
• Possibility of considering holidays as an active part of work, promoting greater social protection.
• Regulatory clarity that can prevent future disputes and misinterpretations by social security institutions.

Conclusions

In summary, Judgment No. 22922 of 2024 offers important clarification regarding the requirements for accessing NASpI, emphasizing the significance of paid holidays and rest days in the calculation of effective workdays. This approach not only protects workers' rights but also promotes a fairer view of the employment relationship. It is crucial for legal professionals and workers themselves to be informed about these important provisions to ensure the correct application of current regulations.