according to the judgment of the Constitutional Court no. 405/2001 the right to compensation has been establishedà maternityà is recognized even in cases of dismissal for just cause, as a result of the gross negligence of the worker, which occur during periods of leave for maternityà «normal» that «advance».
of pregnant workers, which at the beginning of the maternity leaveà are suspended or absent from work without pay or unemployed, it is the normal economic treatment of maternityà.
for The purposes of the computation of the aforementioned 60 days, no account shall be taken:
- in the event of absences due to illness or injury on the job, assessed and recognised by the competent authorities;
- of the periods of parental leave and leave for illness of a child of whom the worker and mother has received after a previous maternityà.
- of the period of non-performance of work provided for in the contract of part-time employment of a vertical type;
- of the period of absence used to take care of children in foster care.
Workers unemployed for more than 60 days
If you leave, maternityà start after 60 days from the date of termination of the employment relationship, the right to compensation has been establishedà maternityà è recognized condition which the worker is, at the date of commencement of the leave maternityà, in the enjoyment of the treatment of unemployment. of course, the treatment of unemployment is replaced by the compensationà maternityà.
The rule at first applied only in the case of ordinary unemployment, has been extended subsequently extended by the INPS also cases of compensationà unemployment requirements (v. INPS, circ. no. 4/2006)
The same rules apply also in the case of use of compensationà mobilityà; also in this case, the worker has the right to compensation has been establishedà maternityà in place of such processing.
The worker who is unemployed from more than 60 days of the beginning date of the leave maternityà, but it is not; in enjoyment of the compensationà unemployment perché in the last two years has made processing the dependencies of third parties are not subject to insurance against unemployment, shall be entitled to compensationà daily maternityà, provided theé at the time of the start of leave for maternityà have passed the più of 180 days from the termination of the employment relationshipand, in the last two years preceding the above period, are paid or due in his favor at least 26 weeks in the compulsory insurance for compensationà maternityà.
Workers suspended for over 60 days
The worker suspended from work for more than 60 days of the beginning date of the leave maternityà has the right to the compensationà daily maternityà, provided" as of the beginning date of the leave of maternityà of the same is in enjoyment of the treatment is ordinary or extraordinary wage. , Obviously, is the treatment of wage is replaced by the compensationà maternityà.
the OBLIGATIONS OF the WORKER
The worker, who does not have an employer / employee relationship private at the time of the beginning of the compulsory leave must submit an application to obtain the compensationà maternityà directly by the social security institution (INPS) stating that it intends to ask for the direct payment of the benefit, not having the possibilityà of anticipation on the part of the employer. a worker who has ceased the relationship by a public administration must submit a claim to the last employer of the public.
the The employee has ceased the employment relationship for:
termination activitiesà of the company;
expiration of fixed-term contract;
the completion of the services for which è was taken;
dismissal for cause
|the SÌ has the right to the compensationà maternityà if the termination of employment is occurred not more than 60 days from the beginning of the compulsory leave.|
the The worker is entitled to the following treatments:
ordinary cig; and
|the SÌ has the right to the compensationà maternityà even if the termination or suspension of the employment relationship is intervened by more than 60 days, if at the start of the obligatory abstention perceives these treatments.|
|The worker is not entitled to compensation has been establishedà unemployment becauseé in the last two years has not worked in the firms subject to the compulsory insurance.||the SÌ has the right to the compensationà maternityà if the termination of the employment relationship is intervened by not later than 180 days from the beginning of the compulsory leave and in the two previous years are paid at least 26 contributions per week for maternityà.|
the The worker is absent or suspended from work without pay for:
expectations for facts in the personal
|the SÌ has the right to the compensationà maternityà only if the suspension of work and the beginning of the compulsory leave have not passed more than 60 days.|
Last update: may 2012 by the lawyer. Laura Marino