Italy clarifies unemployment benefit entitlement for victims of gender-based violence

At a glance

• Italian National Social Security Institute (INPS) has clarified when employees who resign due to stalking or gender-based violence may be treated as having resigned for just cause and therefore qualify for NASpI unemployment benefits.
• Under Italian law, NASpI is available in cases of involuntary unemployment, including resignations for just cause where continuing the employment relationship is no longer reasonably possible.
• The guidance reflects established case law recognising that unemployment may remain involuntary where resignation is caused by circumstances beyond the employee's control.
• Constitutional Court and Supreme Court decisions have confirmed that just cause may exist even where the employer has committed no contractual breach or wrongful conduct.
• The clarification strengthens protection for victims of stalking and gender-based violence whose circumstances make continued employment objectively unsustainable.

In Message No. 2540 of 3 August 2026, the INPS relying on guidance from the Ministry of Labour and Social Policies, clarified the circumstances in which employees who are victims of stalking or gender-based violence may be considered to have resigned for just cause and therefore be entitled to receive NASpI unemployment benefits.

Under Article 3 of Legislative Decree No. 22/2015, NASpI is payable in cases of involuntary termination of employment, including resignations for just cause. The concept of just cause derives from Article 2119 of the Italian Civil Code and applies where circumstances are so serious that continuation of the employment relationship, even on a temporary basis, is no longer possible.

In its judgment No. 269/2002, the Constitutional Court recognised that where the employment relationship becomes untenable because of the conduct or actions of another person, a resignation does not necessarily alter the involuntary nature of the resulting unemployment. This principle was subsequently reinforced by the Italian Supreme Court (Labour Section) in judgment No. 11051/2015, which confirmed that an objective inability to continue employment may also arise from an employee's health conditions, even in the absence of a contractual breach, fault or wrongdoing by the employer or any third party.

Against this background, INPS has clarified that resignations linked to circumstances arising from stalking or gender-based violence may, where the legal requirements are met, qualify as resignations for just cause, allowing affected employees to access NASpI benefits despite having formally resigned from their employment.