TFR advance, when it can be requested and amount

The advance payment of severance pay (TFR) consists in the possibility of requesting from the company a part of the severance pay accrued up to that point.
You can also request an advance for the severance pay intended for the pension fund, but in this case the rules depend on what is established by the relevant body.
Below, therefore, we will focus on the severance pay left in the company.
You can request it in the circumstances provided for by law, with the relevant collective agreement which could in any case define more favorable treatment.
To answer the question of when you can request an advance on severance pay (which should not be confused with an advance payment), we can say that those workers who urgently need liquidity for one of the reasons provided for by the law have the right to do so.
This possibility is, however, precluded to public employees, who can request an advance on their severance pay from banks and INPS only upon termination of the employment relationship in order to reduce payment times.
Obviously, the sum paid as an advance is subject to taxation, as is the case for other salary emoluments.
So let's see how the advance payment of severance pay works today, making a list of all the reasons that justify its request.
TFR advance Who can request the TFR advance How many times can it be requested and limits in the company For what reasons to request the TFR advance TFR advance for restructuring When is it not possible to request the TFR advance? How to request an advance on severance pay Who can request an advance on severance pay To request an advance on severance pay, a series of requirements must be met.
As anticipated, it can be advanced by all private sector employees, provided they have been with the company for at least 8 years.
There is no exception to the aforementioned rule: it is therefore never possible to request the advance before at least 8 years have passed since hiring.
However, public employees are not allowed to request an advance on severance pay while maintaining an employment relationship.
read also TFR advance to worker with foreclosure and loans: what to do? How many times it can be requested and limits in the company.
The Civil Code, in article 2120, paragraphs 6-11, indicates the circumstances in which it is possible to request an advance on severance pay.
The worker can submit a request in compliance with the following conditions: the severance pay advance must be within the limits of 70% of the pay due in the event of termination of the relationship on the date of the request (art.
2120 cc, c.
6); the severance pay advance must also be contained within the limits of 10% of those entitled and, in any case, 4% of the total number of employees (art.
2120 cc, c.
7); the severance pay advance can be obtained only once during the employment relationship (art.
2120 cc, c.
9).
Therefore, the employee can request – only once without exceptions – an advance of up to a maximum of 70% of the amount accrued up to that point.
For its part, the company is required to satisfy requests annually within the limit of 10% of those entitled, and in any case 4% of the total number of employees.
read also TFR advance: can it be requested two or more times? For what reasons to request an advance on severance pay? The law has established that the worker has the right to request severance pay in advance only in certain situations and if he finds himself in the position of having to face sudden and unavoidable expenses.
In essence, the worker's request must be "justified" and must have very specific reasons, i.e.: support any health expenses for therapies and extraordinary interventions recognized by the competent public structures (art.
2120 cc, c.
8 letter a); arrange for the purchase of the first home for oneself or for one's children, documented with a notarial deed (art.
2120 cc, c.
8 letter b); bear any expenses to be incurred during the periods of use of parental leave and for worker training (art.
5 Legislative Decree 151/2001 and art.
7 Law 53/2000), as in periods of optional leave following the birth of a child or achievement of qualification and participation in training activities.
read also Severance pay advance for parental leave or child's illness: requirements, amounts and application As anticipated, national labor contracts can intervene to regulate cases in which the request for severance pay advance is permitted, even in situations other than those provided by the Civil Code .
read also TFR advance without motivation: is it possible to request it? Severance pay advance for renovation One of the questions that workers who have to bear extraordinary expenses ask themselves is whether they can request an advance on severance pay in the event of renovation of their home.
It must be specified that in the Civil Code this possibility is not permitted but that the ability to pay the amount to the worker is determined by the final choice of his employer.
Over the years, jurisprudence has addressed this issue on more than one occasion, establishing that the advance can be requested for the costs of renovating the first home – both one's own and that of the children's – but only when the intervention is necessary to make the home habitable.
'building.
Normal maintenance, expansion and simple embellishment interventions are therefore excluded.
Therefore, anyone who wants to request an advance on severance pay to cover restructuring costs will have to attach the documents to certify the reasons why the interventions are being carried out.
However, the company will decide whether or not to grant the advance based on the reasons indicated.
When is it not possible to request an advance on severance pay? As we have seen, Italian law provides very precise and specific cases for requesting severance pay, which must be respected by the worker.
Furthermore, some categories of workers are not granted the request even though they have the characteristics and motivations to make the request.
In fact, the following cannot submit a TFR request: -* public employees; private employees of companies in crisis; employees who have a salary-backed loan in progress.
Furthermore, as we have mentioned, the law to protect small businesses has established that the employer can provide advances each year to a maximum of 10% of applicants, up to a limit of 4% of employees.
Therefore, even if the employee meets the above requirements, he cannot obtain an advance on severance pay if the company has already exceeded the annual limits.
How to request an advance on severance pay An employee who meets all the necessary requirements to obtain a portion of the severance pay in advance must request it in writing from the employer.
In detail, you must fill out a form like the sample you find below, attaching a copy of an identification document and all the documents certifying the reason for which the advance is requested.
For example, if you request an advance payment for the purchase of your first home, for yourself or your children, you will need to present the notarial deed proving this.
For medical expenses, however, a document issued by a public health facility is required which certifies the extraordinary nature of the interventions.
The employer in turn makes the employee sign a release declaration with which the employee confirms that he has received a part of the severance pay.