Request for Advance TFR from the Worker

The advance of the TFR can be requested by the employee with at least eight years of service

In this article we will analyze the assumptions and requirements under which the worker can receive an advance on the TFR.

Let's start by clarifying that the acronym TFR literally means: severance pay. But what exactly is severance pay?

The severance pay , also known as “liquidation” or “severance pay”, consists of sums of money set aside by the employer and paid to the employee when the employment relationship has ended.

It may happen that a worker, for personal or family reasons, for medical expenses, or for any extraordinary need, needs money and decides to ask the employer for an advance on the TFR.

When and how many times can the employee ask for an advance on the severance pay? Must the request be justified? Can the employer refuse?

If you are interested in the topic or even think you want to present the same request to your employer, continue reading this post.

In which cases is the worker entitled to an advance on the TFR?

The discipline of severance pay pursues a very specific aim: that is, to guarantee the employee upon termination of the employment relationship, a certain liquidity, calculated on the basis of each year of service.

For the purposes of collecting the TFR, the motivation or causes that led to the termination of the employment relationship are irrelevant.

The legislator, however, recognizes the worker with a minimum of eight years of service and during the employment relationship, the right to request an advance on the severance pay. The advance must not exceed 70% and this value will be deducted from the total amount that the employee will be entitled to upon termination of the employment relationship.

The art. 2120 of the Civil Code , establishes that the worker's request must necessarily be justified by specific needs, such as: medical expenses for therapies, surgical interventions, certified by appropriate public structures, purchase of the first personal home, for family needs, and also in this case for the purchase of the property (documented with a relative notarial deed). The advance can be recognized only once during the same employment relationship.

The possibility that in the absence of the reasons just reported, the employer may, by way of the aforementioned discretion, grant the advance of the TFR is not excluded. Therefore, in this last case, the payment of the sum will depend on a personal decision of the employer, or on the emergence of any agreements between the latter and the worker.

The scope of application of the TFR refers only to employed workers, in fact excluding self-employed workers.

Article 2120 of the Civil Code It also establishes that improved situations and treatments can be provided for both by collective agreements and individual agreements. Collective agreements can also establish priority requirements for obtaining the amount due as TFR.

TFR Advance: Can the Employer Refuse?

The employer may refuse the request for an advance on the TFR when the reasons put forward by the employee do not coincide with those previously mentioned (medical expenses, purchase of first home, etc.).

According to art. 2120 of the civil code, requests for advances on the TFR can be rejected by the employer even when they exceed 10% of those entitled and in any case 4% of the total number of workers.

The request, therefore, may be rejected in two cases: if the worker's reasons do not fall within those established by art. 2120 of the Civil Code, and when the number of requests received is greater than 10% of the entire workforce.

What happens if the employer does not set aside the TFR?

In the event that the employer does not fulfill its obligations to reserve a percentage of the employee's salary for each year of service, and therefore does not recognize the TFR to the worker, this will be guaranteed by the INPS Guarantee Fund .

Therefore, the INPS Guarantee Fund will be responsible for paying the employee the severance pay owed by the defaulting employer.

The recognition of the TFR by the INPS Guarantee Fund also occurs in the event that the company declares bankruptcy. In the event of bankruptcy, the application can be sent online via a dedicated form on the INPS web portal. The request will be forwarded directly to the competent territorial office identified based on the residence (request certificate of residence here) of each worker.

Practical advice

If you think you have received an unjustified refusal from your employer for the advance of the TFR or if the latter is insolvent in its obligations, request a online legal advice , you will immediately receive suggestions and/or advice to protect your rights.

If you also want to learn more workers' rights in the event of non-payment you can read this post.

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