TACIT CONSENT ON THE ALLOCATION OF SEVERANCE PAY: THE PROVISIONS OF THE 2026 BUDGET LAW
The Law No. 199 of 30 December 2025 (the so-called 2026 Budget Law) significantly strengthened the regulations governing supplementary social security by enhancing the role of severance pay.
Specifically:
- it expanded, as of 1 January 2026, the number of companies required to pay severance pay to the INPS Treasury Fund (based on new size thresholds);
- it modified the tacit consent system for the allocation of severance pay.
With regard to this tacit consent mechanism, the Budget Law provides for automatic enrolment in pension funds for new hires in the private sector (excluding domestic workers) from 1 July 2026: the worker's silence regarding the allocation of severance pay determines automatic enrolment in a collective pension scheme provided for by collective agreements or contracts (including regional or company agreements), without prejudice to the possibility of opting out of automatic enrolment within sixty days of the date of first employment.
