All employees who have a work situation that has lasted for more than eight years have the right to request an advance on severance pay, also called TFR, provided that the reason for the request is justified by a valid reason. But how to request the TFR in advance? And what are the procedures to be faced to get it? Here are all the answers.
How to request the TFR in advance
HOW TO REQUEST THE TFR IN ADVANCE
The TFR , which stands for "severance pay" , otherwise known as "liquidation" is a right of all employees. At the end of their career, in addition to the pension, citizens have the right to a liquidation, equal to the time, calculated in a year, in which they have served in a company, public or private.
The severance pay, however, can also be requested from the employer ahead of time . You can only request a portion of the money that will be spent and only if you have all the necessary requirements to do so. The request and the motivations must be duly documented, assessed, and only later approved, or not, according to current legislation.
Working citizens who have the possibility to request an advance on severance pay generally take into consideration this eventuality in case they are faced with particular personal, family and health needs . In this case, the employer will provide the worker with the requested part, which will be deducted from the total sum that the worker will have at the end of the employment relationship.
HOW THE ADVANCE ON THE TFR WORKS
But how does the request for early termination benefits work? The question can sometimes be a bit 'thorny and the best way to deal with it is to know as much as possible the law and the procedure that in this case should be taken to the letter to bring the practice to fruition.
The severance pay can be requested in advance as long as the employee works for the company for at least eight years . It is possible to request an advance on the liquidation equal to 70% of the sum of the severance indemnity due up to that period of time, also based on the contributions accrued by the worker, and only for justified reasons.
Generally, this sum is required because you need to face medical expenses or because you need extra money to buy a house , for yourself but also for your children, or to restructure one. Another reason that requires workers to request an advance of severance pay is the need to face expenses in the case of adoption of children , especially when parents face all paperwork abroad and have to pay the entire stay in a foreign country . In this case it is possible to request the advance of the severance pay to cover the costs of travel and stay abroad until the authorities allow the family to return to Italy.
Since 2007, thanks to the supplementary pension reform , it has been decided to change the legislation that regulates the severance pay and for a provision of the employee severance indemnity that the workers have accrued until December 31st, 2006. All the employees who belong to the most important companies. of fifty workers can choose, as a result of precise communication forwarded to the employer, to leave or not the TFR in the company.
WHAT HAPPENS IF THE SEVERANCE PAY REMAINS IN THE COMPANY
The procedure could appear even more intricate when the workers were given the opportunity to decide in general on the fate of their TFR; leave it in the company or transfer it elsewhere by personal decision.
Employees who choose to leave the TFR in the company have the right to request an advance if they face extraordinary medical expenses or need money for the purchase or renovation of a house, not only for themselves but also for the own children. The requirements to access the advance are eight years of service at the company and the limit of 70%: the amount advanced must not exceed this percentage.
WHAT HAPPENS IF THE SEVERANCE PAY IS PAID IN ADVANCE IN THE PENSION FUND
If the TFR is allocated to a supplementary pension fund, the demand limits are no longer valid and the advance is calculated on the amount accrued by the employee up to that time and not only on the portion of the TFR. The advance can also exceed the limit of 70% up to 75%.
After the limit of eight years of work at the company has elapsed, the worker can also submit an advance payment claim for the 30% TFR , if there are particular needs of the worker.
TFR ADVANCE FOR PUBLIC EMPLOYEES
The latest updates on the subject of advance severance pay for civil servants have established that it is possible for this category of workers to obtain the advance of severance pay, a possibility that was already recognized to employees of private companies, in certain cases. To date, however, there is still no ministerial decree that regulates the mode of granting and disbursement.
However, according to the INPS, it is not possible to request the advance of the TFR for civil servants, since the trade unions, according to the agreement signed with ARAN, did not foresee this kind of negotiation with the workers of the public sector.
MEDICAL EXPENSES AND RENOVATIONS FOR THE HOME
We have said that the most cited reasons in the request for the advance of the TFR are the medical expenses and the necessity to have money to renovate the house or to buy one.
So let's take a closer look at how and how to proceed if you are in one of these situations; purchase of the house for oneself or for the children or the need to face health expenses.
PURCHASE OF THE FIRST HOUSE, FOR ONESELF OR FOR THE CHILDREN
In this case the application for the advance of the severance pay can be submitted only once.
HEALTH-RELATED EXPENSES FOR THEMSELVES OR FOR A DEPENDENT FAMILY MEMBER
The health-related expenses are one of the reasons why people require a TFR advance, provided the expenses are documented through special medical certificates. In this case, the advance can be requested more than once, especially if the health of the employee or a dependent family member deteriorates.
Other cases in which it is possible to request the advance of the TFR are:
Construction of the first house on its own
Decision to participate in a cooperative
Sale of own homes; but only if it proves that the proceeds from the sale of the first house will be used for the purchase of a new home.
THE ADVANCE OF THE TFR DOES NOT BELONG TO THE FOLLOWING CATEGORIES OF WORKERS:
Tax collection companies
Gas companies
Duty companies
Duty companies
State administrations
Professional journalists
Regions, provinces, municipalities
HOW TO REQUEST THE ADVANCE OF THE TFR
The request for the request for the advance of severance pay must be forwarded to one of the INPS offices in the territory , using the appropriate form, or by filling in the digital version of the world directly on the INPS website.
The application must be submitted after the end of the employment relationship and must include:
The copy of an identification document
The model of application completed in all its fields, signed and stamped by an extraordinary commissioner
The copy of the passive state of the worker
The copy that certifies admission to the passive state
Certificate, signed by the court registry, certifying the non-appeal of the claim, or a statement by the person responsible for the procedure
REQUEST THE ADVANCE ON THE TFR TO BUY THE FIRST HOUSE
More and more people, especially young people, find themselves in difficulty in buying the first house because of the impossibility, nowadays, to access the mortgage. What to do in these cases? And how to secure a sum of money to be paid, if necessary, as an advance for the purchase of the property?
Requesting an advance on TFR could be one of the solutions to be taken into consideration, since the law recognizes all employees to apply for it during the course of the employment relationship for this reason as well. Also in this case, it is necessary to have eight years of service behind the company and the advance can not exceed 70%.
If the employer does not agree in anticipating the TFR to his employee, it will be necessary to verify that the latter has all the requisites required and regulated by the law; if this is the case, the employer is obliged to pay TFR and can not retreat. Added to this is that, if the house is instead purchased for one's child, one can benefit from the advance of severance pay as long as the residence requirements are met for the latter.
Other eventualities can also occur, starting from the doubt that could arise on which property is, in effect, considered first house or main house. With the first one means, it is good to specify it, it means only the building of residence.
Other eventuality that can be presented is the advance of the TFR for the purchase of a home undertaken by the spouse . In this case, the Supreme Court decided that the right to request this advance must also be extended to the spouse if the communion of assets exists.
In the event of an ongoing purchase, the Constitutional Court has ruled that the purchase must always be proven by means of a notarial deed which proves its effectiveness and validity.
How to request the TFR in advance
HOW TO REQUEST THE TFR IN ADVANCE
The TFR , which stands for "severance pay" , otherwise known as "liquidation" is a right of all employees. At the end of their career, in addition to the pension, citizens have the right to a liquidation, equal to the time, calculated in a year, in which they have served in a company, public or private.
The severance pay, however, can also be requested from the employer ahead of time . You can only request a portion of the money that will be spent and only if you have all the necessary requirements to do so. The request and the motivations must be duly documented, assessed, and only later approved, or not, according to current legislation.
Working citizens who have the possibility to request an advance on severance pay generally take into consideration this eventuality in case they are faced with particular personal, family and health needs . In this case, the employer will provide the worker with the requested part, which will be deducted from the total sum that the worker will have at the end of the employment relationship.
HOW THE ADVANCE ON THE TFR WORKS
But how does the request for early termination benefits work? The question can sometimes be a bit 'thorny and the best way to deal with it is to know as much as possible the law and the procedure that in this case should be taken to the letter to bring the practice to fruition.
The severance pay can be requested in advance as long as the employee works for the company for at least eight years . It is possible to request an advance on the liquidation equal to 70% of the sum of the severance indemnity due up to that period of time, also based on the contributions accrued by the worker, and only for justified reasons.
Generally, this sum is required because you need to face medical expenses or because you need extra money to buy a house , for yourself but also for your children, or to restructure one. Another reason that requires workers to request an advance of severance pay is the need to face expenses in the case of adoption of children , especially when parents face all paperwork abroad and have to pay the entire stay in a foreign country . In this case it is possible to request the advance of the severance pay to cover the costs of travel and stay abroad until the authorities allow the family to return to Italy.
Since 2007, thanks to the supplementary pension reform , it has been decided to change the legislation that regulates the severance pay and for a provision of the employee severance indemnity that the workers have accrued until December 31st, 2006. All the employees who belong to the most important companies. of fifty workers can choose, as a result of precise communication forwarded to the employer, to leave or not the TFR in the company.
WHAT HAPPENS IF THE SEVERANCE PAY REMAINS IN THE COMPANY
The procedure could appear even more intricate when the workers were given the opportunity to decide in general on the fate of their TFR; leave it in the company or transfer it elsewhere by personal decision.
Employees who choose to leave the TFR in the company have the right to request an advance if they face extraordinary medical expenses or need money for the purchase or renovation of a house, not only for themselves but also for the own children. The requirements to access the advance are eight years of service at the company and the limit of 70%: the amount advanced must not exceed this percentage.
WHAT HAPPENS IF THE SEVERANCE PAY IS PAID IN ADVANCE IN THE PENSION FUND
If the TFR is allocated to a supplementary pension fund, the demand limits are no longer valid and the advance is calculated on the amount accrued by the employee up to that time and not only on the portion of the TFR. The advance can also exceed the limit of 70% up to 75%.
After the limit of eight years of work at the company has elapsed, the worker can also submit an advance payment claim for the 30% TFR , if there are particular needs of the worker.
TFR ADVANCE FOR PUBLIC EMPLOYEES
The latest updates on the subject of advance severance pay for civil servants have established that it is possible for this category of workers to obtain the advance of severance pay, a possibility that was already recognized to employees of private companies, in certain cases. To date, however, there is still no ministerial decree that regulates the mode of granting and disbursement.
However, according to the INPS, it is not possible to request the advance of the TFR for civil servants, since the trade unions, according to the agreement signed with ARAN, did not foresee this kind of negotiation with the workers of the public sector.
MEDICAL EXPENSES AND RENOVATIONS FOR THE HOME
We have said that the most cited reasons in the request for the advance of the TFR are the medical expenses and the necessity to have money to renovate the house or to buy one.
So let's take a closer look at how and how to proceed if you are in one of these situations; purchase of the house for oneself or for the children or the need to face health expenses.
PURCHASE OF THE FIRST HOUSE, FOR ONESELF OR FOR THE CHILDREN
In this case the application for the advance of the severance pay can be submitted only once.
HEALTH-RELATED EXPENSES FOR THEMSELVES OR FOR A DEPENDENT FAMILY MEMBER
The health-related expenses are one of the reasons why people require a TFR advance, provided the expenses are documented through special medical certificates. In this case, the advance can be requested more than once, especially if the health of the employee or a dependent family member deteriorates.
Other cases in which it is possible to request the advance of the TFR are:
Construction of the first house on its own
Decision to participate in a cooperative
Sale of own homes; but only if it proves that the proceeds from the sale of the first house will be used for the purchase of a new home.
THE ADVANCE OF THE TFR DOES NOT BELONG TO THE FOLLOWING CATEGORIES OF WORKERS:
Tax collection companies
Gas companies
Duty companies
Duty companies
State administrations
Professional journalists
Regions, provinces, municipalities
HOW TO REQUEST THE ADVANCE OF THE TFR
The request for the request for the advance of severance pay must be forwarded to one of the INPS offices in the territory , using the appropriate form, or by filling in the digital version of the world directly on the INPS website.
The application must be submitted after the end of the employment relationship and must include:
The copy of an identification document
The model of application completed in all its fields, signed and stamped by an extraordinary commissioner
The copy of the passive state of the worker
The copy that certifies admission to the passive state
Certificate, signed by the court registry, certifying the non-appeal of the claim, or a statement by the person responsible for the procedure
REQUEST THE ADVANCE ON THE TFR TO BUY THE FIRST HOUSE
More and more people, especially young people, find themselves in difficulty in buying the first house because of the impossibility, nowadays, to access the mortgage. What to do in these cases? And how to secure a sum of money to be paid, if necessary, as an advance for the purchase of the property?
Requesting an advance on TFR could be one of the solutions to be taken into consideration, since the law recognizes all employees to apply for it during the course of the employment relationship for this reason as well. Also in this case, it is necessary to have eight years of service behind the company and the advance can not exceed 70%.
If the employer does not agree in anticipating the TFR to his employee, it will be necessary to verify that the latter has all the requisites required and regulated by the law; if this is the case, the employer is obliged to pay TFR and can not retreat. Added to this is that, if the house is instead purchased for one's child, one can benefit from the advance of severance pay as long as the residence requirements are met for the latter.
Other eventualities can also occur, starting from the doubt that could arise on which property is, in effect, considered first house or main house. With the first one means, it is good to specify it, it means only the building of residence.
Other eventuality that can be presented is the advance of the TFR for the purchase of a home undertaken by the spouse . In this case, the Supreme Court decided that the right to request this advance must also be extended to the spouse if the communion of assets exists.
In the event of an ongoing purchase, the Constitutional Court has ruled that the purchase must always be proven by means of a notarial deed which proves its effectiveness and validity.
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