The Italian National Institute of Social Security (INPS) has provided clarification on the additional NASpI contribution and related open-ended contracts for workers involved in seasonal activities, under Article 21, paragraph 2 of the Legislative Decree no. 81/2015. This ritual is based on the authentic interpretation of the same legislation implemented by Article 11 of Act no. 203/2024 (Lavoro).
The Lavoro stipulates that seasonal activities involve instances that cater to the intensification of the work activity at certain times of the year, as well as technical and productive requirements related to seasonal cycles of the productive sectors or the markets served by the company. This interpretation expands on those activities already listed in the Presidential Decree no. 1525/1963.
It is also noted that if a worker is rehired on a temporary basis within 10 days after the expiration of a contract lasting up to 6 months, or 20 days after the termination of a contract lasting more than 6 months, the second contract becomes open-ended.
Despite the recent changes to the legislation by the Lavoro, the INPS explains that the definition of “seasonal activities” according to Article 2, paragraph 29, letter b) of Law no. 92/2012 is not yet aligned with the exclusions outlined in Article 11, indicating a contractual break between two period contracts.
Hence, it is concluded that temporary workers hired to meet heightened work activity in certain periods of the year, or to meet technical and productive needs according to collective labor contracts, will have to pay the additional NASpI contribution and the increase of the same contribution for the renewal of temporary employment contracts. These workers are considered ‘seasonal’ by the Lavoro but not fitting into the category according to the Presidential Decree no. 1525/1963.
Finally, employers engaging workers in these activities are instructed to use the usual procedures for the submission of the monthly UniEmens report and validate feature 3 with the value “S” meaning “Seasonal (other types)”.
