Commentary on Judgment No. 22877 of 2024: Unemployment Benefit and Old-Age Pension

The recent order No. 22877 of August 16, 2024, issued by the Court of Cassation, offers an important opportunity to reflect on workers' rights concerning unemployment benefits, particularly in the context of old-age pensions. The judgment concerns the case of a worker who had to face the issue of forfeiture of the ASpI (Social Insurance for Employment) benefit following the attainment of eligibility requirements for old-age retirement.

Regulatory Context

Law No. 92 of 2012 establishes the criteria for accessing unemployment benefits, describing the necessary requirements for their granting. In particular, Article 2, paragraph 1, clarifies that the ASpI benefit is payable until the worker meets the requirements for old-age pension. The Court, referring to paragraphs 40 and letter c) of the same article, states that the worker forfeits this benefit upon meeting said requirements, without the need for them to actually receive the payment.

Meaning of the Ruling

The unemployment benefit provided for by art. 2, paragraph 1, of l. No. 92 of 2012 (so-called ASpI) is due until the date of meeting the requirements for old-age retirement and - pursuant to art. 2, paragraph 40, letter c), of the same provision - the worker forfeits the benefit upon meeting such requirements, without the need for actual receipt of the payment, as is evident both from the literal wording and from the rationale of the provision, which relates - in addition to public spending containment needs - to the protection of workers who do not benefit from other specific protection.

This ruling highlights two fundamental aspects: on the one hand, the need to contain public spending and, on the other, the intention to protect workers who do not have access to alternative forms of protection. The Court of Cassation has therefore interpreted the legislation in a way that ensures a balance between the sustainability needs of the welfare system and the individual rights of workers.

Implications for Workers

The judgment has significant implications for workers, particularly for those approaching retirement. It is crucial for workers to be aware that, once they meet the requirements for an old-age pension, they will no longer be eligible for unemployment benefits, even if they have not received them previously. This leads to a series of practical considerations:

• It is essential to plan the path towards retirement in advance.
• It is advisable to inquire about any forms of support that may be requested in case of unemployment before retirement.
• It is appropriate to consult experts in social security matters to fully understand the rights and obligations provided by law.

Conclusions

In conclusion, judgment No. 22877 of 2024 represents an important reference point for understanding workers' rights regarding unemployment benefits and old-age pensions. It is essential for workers to be well-informed about these dynamics in order to best manage their expectations and rights in the world of work.