Access to NASpI in light of recent case law (Top24 Lavoro Ai – Il Sole 24 Ore, 22 October 2026 – Vittorio De Luca e Alessandra Zilla)

The New Social Insurance for Employment (NASpI), established by Legislative Decree No. 22 of 4 March 2015, is the main income support measure for employees who have involuntarily lost their jobs. Its purpose is to provide financial support during the transition to new employment. Although the relevant regulatory framework is well established, its practical application continues to evolve and be refined, mainly through case law and INPS administrative practice.

Article 3 of Legislative Decree No. 22/2015 sets out the requirements that workers must meet in order to qualify for NASpI benefits. These are:

1. Involuntary unemployment: the fundamental requirement is that the loss of employment must not result from the worker’s voluntary decision.

Therefore, NASpI benefits are payable in the following cases:

• dismissal for subjective or objective justified reasons, or for just cause;

• resignation for just cause (or following acts of persecution or gender-based violence, see INPS Message No. 2549 of 3 August 2026), or resignation by new parents during the protected period (INPS Circular No. 32 of 20 March 2023);

• consensual termination of the employment relationship: in a protected setting as part of the procedure under Article 7 of Law No. 604/1966; or following the employee’s refusal to be transferred to another workplace of the same company located more than 50 km from the employee’s residence and/or requiring an average journey of 80 minutes or more by public transport (INPS Circular No. 142 of 29 July 2015);

• expiry of a fixed-term employment contract.

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