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Critical readWhat happened. Recent changes to disability pension regulations have added further complexity to part-time workers' pensions. This article will explain how these modifications affect you and what potential consequences they might have.
A new agreement of the INPS reduces the withholding of disability pension for part-time employees [Name of employee] has a disabled dependent with CCNL Commerce and works on a part-time basis of 30 hours weekly, divided into monthly pay periods.
She received an email from the INPS stating that, based on the November payroll envelope, she will be withheld the non-cumulative daily allowance amount of €9.57. It is important to note that this withholding has already been calculated by the entity and does not require further proportional adjustment based on work ratio. The daily withholding of €9.57 must be applied to the part-time, unless the entity has already indicated an adequate amount according to the ratio. For a monthly salary recipient, the ordinary calculation considers up to 26 days in a month, applying the corresponding reduction to working time. For part-time workers, the INPS Circular No.
On October 4, 1994, issued pursuant to the judgment of the Constitutional Court No. 221 of June 8, 1994, it is established that the withheld amount should be proportional to the working hours compared to the normal work schedule stipulated by the collective contract. This criterion is confirmed by Circular INPS No. 91 dated March 31, 1995. The daily allowance communicated by INPS constitutes therefore the basis for calculation that the employer must adjust accordingly. Before proceeding, one must verify whether the indicated amount in the communication corresponds to the ordinary amount without any previously expressed proportionality adjustment from the entity. For employees on fixed-term contracts, Circular INPS No. 91 dated March 31, 1995 provides that the withholding shall be calculated based on all remunerated days up to a maximum of 26 times monthly pay period.
The reference is therefore to working days according to the employment contract, including those covered by remuneration institutions, rather than simply the number of workdays listed on the monthly calendar. For absences that are nonetheless remunerated such as holidays and festivals, the practice applied tends to include the corresponding hours in the calculation, even though circulars refer literally to worked hours. When there are particular absences, it is advisable to check with the competent INPS office. In conclusion, these new rules should help reduce further complications for part-time employees, but they should not lead to uncertainty or confusion. Remember always to carefully verify received information and to consult the competent INPS office if you have doubts.
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