Is the Italian NASpI available to a cross-border worker dismissed from Switzerland?
Answered with official sources — Rights, dismissal and mobbing
Updated 11 August 2026
Answer
Yes. Under EU Reg. 883/2004 art. 65 a totally unemployed cross-border worker is entitled to benefits in the country of residence (Italy) based on foreign contributions source: Eur-Lex reg. 883/2004. Apply to INPS online via SPID within 68 days of termination, attaching the U1 form from the Swiss cantonal unemployment fund (Ticino: AD Bellinzona). NASpI is 75% of the average taxable monthly salary over the last 4 years (up to EUR 1,425/month in 2026), max 24 months, 3% monthly reduction from month 4. Partially unemployed cross-border workers (e.g. hour reduction) receive benefits from the Swiss AD fund source: LACI art. 22-24.
Official sources
Other questions on this topic
- What should I do in case of a workplace accident?
Notify the employer immediately and request the accident-notification form, sent to SUVA (or LAINF insurer) within 3 days. The doctor treats and certifies work incapacity.
- Is dismissal always lawful in Switzerland?
No. Although the principle of contractual freedom applies (CO art. 335), dismissal is abusive if motivated by protected grounds (CO art. 336): nationality, ethnic background, religious or political opinion, trade-union activity, age, gender, family status, whistleblowing.
- Who pays salary during long-term illness?
Beyond the CO scale (see salary FAQ) the collective AIGM (daily illness allowance) kicks in from day 31 in most cases. It covers 720 days in 900 at 80-90% of salary, funded by AIGM contributions split employer/employee.
- How do I protect myself from mobbing in Switzerland?
The employer has a duty to protect employees' personality (CO art. 328 and LTr art. 6). Mobbing — repeated psychological harassment at work — breaches this duty and triggers civil liability.
- Which unions can I join as a cross-border worker?
Cross-border workers may freely join Swiss unions for contractual assistance, grievances and legal advice. Main Ticino unions: OCST (Christian-Social Ticino Organisation, 38,000 members), UNIA (industry, construction, crafts, 180,000…
- Does Swiss law provide a TFR equivalent as in Italy?
No, there is no mandatory TFR. The severance indemnity (CO art. 339b-339c) is only due to workers aged ≥50 with ≥20 years of service and equals 2-8 months of salary; it has been largely replaced by 2nd-pillar (LPP) benefits since 1985.
- Am I eligible for short-time work compensation (RHT) as a cross-border worker?
Yes. The Swiss LACI (Unemployment Insurance Act, RS 837.0) art. 31 provides Short-Time Work Compensation (RHT) for those suffering temporary work loss (order drop, COVID, exceptional events).
- Must the employer issue a work certificate (Arbeitszeugnis)?
Yes, mandatorily (CO art. 330a). A full work certificate (Arbeitszeugnis) must state: activity, duration, quality of work and conduct, written in Swiss-standard coded language (standardised neutral formulas, never explicitly negative).
The information on this page is for guidance only and does not replace personal advice from an accountant, lawyer or union office. Tax, social-security and permit rules change frequently: always verify with the official sources linked in each answer.