Regulation of Severance Pay (T.F.R.) in Domestic Work
According to the National Collective Agreement for Domestic Work, it specifies the methods for calculating and disbursing the Severance Pay (T.F.R.) for domestic workers, in accordance with the law of May 29, 1982, no. 297. The T.F.R. is determined based on the amount of annual salaries, including the conventional estimates of board and lodging, and calculated by dividing it by 13.5. The accumulated annual quotas are increased annually by 1.5%, adjusted monthly, and by 75% of the cost of living increase according to ISTAT data, excluding the quota of the current year.
The employer can advance the T.F.R., upon the worker's request and once a year, up to 70% of the total accrued. The method for proportioning the T.F.R. accrued from 1982 to 1989 for second and third-category workers is also specified, as well as the seniority allowances for periods of service prior to 1982, differentiated based on the cohabitation scheme and working hours.
The seniority allowances, calculated on the basis of the last salary, are integrated into the T.F.R. and the calculation considers specific periods of service with detailed calculation methods based on the time of seniority accrual and the type of employment contract. These provisions ensure that domestic workers receive adequate economic recognition at the end of the employment relationship, reflecting the value of their contribution and commitment over the years.
Art.41 Severance Pay
1. In any case of termination of employment, the worker is entitled to severance pay (T.F.R.) determined, according to the law of 29 May 1982, n. 297, on the amount of the salaries received during the year, including the conventional value of board and lodging: the total is divided by 13.5. The annual amounts set aside are increased according to art. 1, paragraph 4, of the aforementioned law, by 1.5% per year, monthly adjusted, and by 75% of the increase in the cost of living, ascertained by ISTAT, excluding the quota accrued during the current year.
2. Employers, upon employee request and no more than once a year, will advance the T.F.R. up to a maximum of 70% of the amount accrued.
3. The amount of T.F.R. accrued yearly from 29 May 1982 to 31 December 1989 must be proportionally adjusted by 20/26 for workers then classified in the second and third category.
4. For service periods prior to 29 May 1982, the seniority indemnity is determined as follows:
A. For the employment relationship in a live-in regime, or non-live-in regime with weekly hours exceeding 24:
1) for seniority accrued before 1 May 1958:
a) for personnel previously considered employees: 15 days per year for each year of seniority;
b) for personnel previously considered workers: 8 days per year for each year of seniority;
2) for seniority accrued after 1 May 1958 and up to 21 May 1974:
a) for personnel previously considered employees: 1 month per year for each year of seniority;
b) for personnel previously considered workers: 15 days per year for each year of seniority;
3) for seniority accrued from 22 May 1974 to 28 May 1982:
a) for personnel previously considered employees: 1 month per year for each year of seniority
b) for personnel previously considered workers: 20 days per year for each year of seniority.
B. For the employment relationship of less than 24 weekly hours:
1) for seniority accrued before 22 May 1974: 8 days per year for each year of seniority;
2) for seniority accrued from 22 May 1974 to 31 December 1978: 10 days per year for each year of seniority;
3) for seniority accrued from 1 January 1979 to 31 December 1979: 15 days per year for each year of seniority;
4) for seniority accrued from 1 January 1980 to 29 May 1982: 20 days per year for each year of seniority. The indemnities, determined as above, are calculated based on the last salary and set aside in the T.F.R.
5. For the computation referred to in paragraph 4, the value of the working day is obtained by dividing the amount of the average weekly salary by 6 or by dividing the amount of the average monthly salary in effect on 29 May 1982 by 26. These amounts must be increased by the share of the Christmas bonus or thirteenth month pay.
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Frequently asked questions
The Severance Pay for domestic workers is determined according to the law of 29 May 1982, no. 297. The calculation is based on the annual amount of wages received by the worker, including conventional parts for board and lodging, and the total is divided by 13.5. The annual quotas of the TFR are then increased by 1.5% per year plus 75% of the increase in the cost of living as determined by ISTAT, excluding the portion accrued in the current year.
Yes, domestic workers may request an advance on the severance pay once a year, and employers are obliged to advance up to 70% of the amount accrued up to that moment.
For periods of service prior to May 29, 1982, the severance pay is calculated differently depending on the period and the worker's category (employee or worker, with different weekly hours). These allowances vary from 8 to 30 days per year of service, depending on the period and the type of employment, and are calculated based on the last salary and included in the severance package.
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