Index
2.1 Is the worker you wish to hire a non-EU citizen?
a) Non-EU worker residing abroad
b) Non-EU worker resident in Italy
b.1) Residence permit for asylum request
b.2) Residence permit for political asylum
b.3) Residence permit for humanitarian reasons
b.4) Residence permit for special cases
b.5) Residence permit for statelessness
b.5) Residence permit for minors
b.6) Residence permit for study/training purposes
Introduction
The first collective agreement for domestic workers of 1974 sets standards that do not respect their working hours. In the last decade, Italian institutions have seen an increase of irregular workers in this sector from Ukraine, Romania, Poland and other non-EU countries such as Ecuador and Peru. At the same time, the country is facing an emergency in human resources in this sector. In particular, in 2017 the Italian government approved a new type of regulation (Law 104/92), to improve the home care service, creating a special fund to support Italian families and workers in this sector, to bridge the gap in the national situation. In addition, in order to improve the skills of migrants with a regular residence permit and to combat illegal employment, the Ministry has begun to provide annual courses to become OSS – Operatore Socio Sanitario, the Italian professional figure required to provide home care services.
As a general picture of the employment situation, the work permits are given together with the employment contract, but cannot exceed the period of two years; the permanent stay could be guaranteed only after 5 years of regular residence; the residence permits for employment can be renewed only if the person is regularly employed for a minimum of 20 hours per week. Thus, the status of the migrant in Italy is precarious until the moment that the permanent stay is not guaranteed. This makes migrant workers more likely to accept substandard working conditions in order to maintain their legal status. The more job losses cause the migrant’s return to irregularity (Castagnone et al., 2013).
What are the steps to hire a foreign worker?
1) To hire a foreign worker residing abroad, the employer must contact the Single Desk for Immigration in each prefecture and competent to issue the authorization to hire.
2) To hire a worker legally residing in Italy (non-EU or EU), the employer must proceed to the compilation and forwarding of a mandatory UNILAV Communication.
The documents that an employer requires for a regular employment contract:
-
Residence permit or residence card
-
Passport (if owned)
-
Identity card
-
Fiscal code
-
Health card
PROCEDURE FOR RECRUITING A FOREIGN WORKER
Is the worker you want to hire not an EU citizen?
The entry into the territory of the Italian State for reasons of subordinate work (even seasonal) and self-employment, is possible – except for some professional profiles for which it is allowed to enter outside the quotas – only within the framework of the entry quotas annually established by the appropriate decrees of planning of entry flows for work reasons.
Non-EU worker resident abroad
The regular entry of non-EU foreign workers into Italy is subordinate:
1) the approval of a governmental planning decree, which sets the entry quotas for work;
2) at the same time, an Italian or foreign employer, who is legally residing in Italy, applies for a work permit;
3) the issue of the relative work permit.
In order to hire non-EU foreign workers resident abroad, an application for authorization must be submitted to the Single Desk for Immigration (SUI) of the province where the work will take place, within the quotas provided for by the specific flows decree, which establishes the maximum number of non-EU foreign citizens admitted annually to work in Italy.
In the application, the employer must guarantee accommodation, income, working hours and pay.
The application must be submitted exclusively online on the website of the Ministry of the Interior.
Issuing of work authorization
The work permit is the administrative act by which the Single Desk for Immigration (SUI) at the prefecture, authorizes the employer, who makes a request, to hire a foreign worker residing abroad.
This authorisation is a necessary requirement for the issue of an entry visa for work purposes. The forwarding by an employer, Italian or foreign regularly resident in Italy, of the request for permission for the employment of a foreign non-EU worker is the time of the start of the entire procedure.
The employer may submit a personal request for a work permit if there is direct knowledge between the worker and the employer or a numerical request for a work permit if the employer does not have direct knowledge of the foreigner. The latter special request is made against one or more persons registered on special lists of foreign workers.
In the request, both nominative and numerical, the employer must provide the foreigner with insurance:
– The remuneration and insurance treatment provided for by the current legislation of the national collective labour contracts of the category or in any case applicable;
– The declaration relating to the accommodation of the foreign worker;
– The commitment by the employer to pay the costs of returning the foreigner to the country of origin, if certain conditions occur.
Procedure for the issue of work permits:
– The application, sent to the SUI, is also made available to the provincial Labour Office, the police and the competent employment centre;
– If no tax code has been indicated in the application, the SUI asks the Revenue Agency to assign a provisional number code;
– The SUI convenes the employer for the delivery of the authorization (which has a validity of 6 months) and the signing of a residence contract;
– The SUI then transmits the nulla osta and the proposal for a residence contract to the competent Italian diplomatic-consular representation abroad, which issues the foreigner with the entry visa, which must be requested within six months from the date of issue of the work permit;
– The foreigner, accompanied by the employer and within 8 days of entering Italy, must present himself by appointment at the Sui to sign a residence contract for work and apply for a residence permit. Once the worker has filled in the application form for the residence permit, he must go to a post office to be sent and a receipt will be issued to him to be kept;
– At this stage, the SUI also requests the Inland Revenue to convert the provisional tax code into the final one;
– Finally, the Police Headquarters will convene the foreign worker by telephone or regular mail for the delivery of the residence permit.
In caso di lavoro domestico, la comunicazione di assunzione può essere presentata online all’INPS oppure tramite l’apposito Contact center.
Multi-year authorisation for seasonal employment
The authorisation to seasonal work with multi-year validity (up to three years) can be requested for non-EU workers who have already entered Italy to work as seasonal employees for at least two consecutive years and is essential for obtaining a visa for seasonal work and the subsequent multi-year residence permit.
The issue takes place within the limits of the entry quotas for seasonal work reserved for this hypothesis in the flow decrees issued by the Government,
The application must be sent exclusively online to the Ministry of the Interior.
The application for employment, in the case of a multi-year seasonal permit for the years following the first one, can be made by an employer even if different from the employer who obtained the three-year permit for seasonal work.
Out-of-quota entrances
Some non-EU workers can obtain entry and residence in Italy without complying with the annual admission quotas in the national territory. These are workers who carry out particular activities, generally employed on fixed-term contracts, and highly qualified workers, for whom, among other things, a simplified alternative procedure is provided for. Since 11 January 2017, special rules have also been introduced for managers, skilled workers and trainees who are posted to Italy as part of an intra-corporate transfer.
Table 1
What
Request for authorization
Who
Presented by the employer at the SUO
Where
SUI of the area where the person will be hired
What
Convocation for release of authorization + signing of residence contract
Who
SUI summons the employer
Where
At the SUI offices
What
Transmission of authorization + proposal for a residence contract
Who
From the SUI to the Italian diplomatic-consular representation abroad
What
Issue of entry visa
Who
By the Italian diplomatic consular representation abroad
What
Entry in Italy
What
Signature of residence contract for work
Who
By the foreigner accompanied by the employer
Where
By appointment with SUI
What
Request for residence permit
Who
By the worker via postal service
What
Delivery of residence permit
Who
From the Police Headquarters
Non-EU worker residing in Italy
In order to hire a worker legally residing in Italy, the employer must proceed to complete and forward a UNILAV communication.
However, not all residence permits allow for the carrying out of work activities. In fact, the worker must be in possession of a permit enabling him to work, or of a residency permit issued for one of the following reasons:
- Residence permit for a family member of a European citizen;
- Permanent residence card for a family member of a European citizen;
- Family reasons;
- Family of a minor;
- Seasonal, artistic, autonomous, subordinate work;
- Waiting for employment;
- EU residence permit
Foreigners may NOT work if they have a residence permit for:
- Tourism;
- Religious reasons;
- Medical treatment;
- Minor age;
- Business;
- Justice;
- Waiting for citizenship
The documents that an employer must request in order to conclude a regular residence contract are:
- Residence permit
- Residence card
- Passport
- Identity card
- Fiscal code
- Health card
Residence permit for asylum application
An applicant for international protection is a person who has applied for international protection and is awaiting a decision on the recognition of refugee status or another form of protection.
The application for international protection is individual and must be submitted to the Border Police upon arrival in Italy or to the Questura – Immigration Office, if already in Italy. Following photo identification, the asylum seeker will receive an appointment at the office during which Form C/3, the “Model for the recognition of refugee status under the Geneva Convention”, will be filled in. The decision on the application for international protection is taken by the Territorial Commission for the Recognition of International Protection. The hearing takes place within 30 days from the submission of the application and the Commission decides within the next 3 days.
The asylum seeker may carry out any subordinate or self-employed activity, if 60 days have passed since the application for protection was submitted and the competent Commission has not yet taken a decision and the delay is not attributable to the applicant. At the moment of applying for international protection, a receipt is issued: this has the value of a provisional residence permit for asylum and is valid until the conclusion of the procedure.
However, the asylum permit is valid for 6 months and cannot be converted into a work permit.
Residence permit for political asylum
The residence permit for political asylum is issued to holders of ‘refugee status’ or ‘person otherwise in need of international protection’ and allows them to work. Refugee status” is recognised by the competent territorial commission and allows the holder to apply for a residence permit at the Questura.
The duration of the permit is nominally five years, but in fact it is of indefinite duration as renewal is automatic on each expiry date. It can be converted into a work permit, but the conversion entails the renunciation of refugee status.
Residence permit for subsidiary protection
It allows the holder to carry out any kind of subordinate or autonomous work activity. The “residence permit” for subsidiary protection is issued by the Questura (Police Headquarters) to the holder of “subsidiary protection status” by the Territorial Commission that examined the application for international protection and allows work to be carried out.
The duration of the title is 5 years. It is renewable on expiry, subject to verification by the Territorial Commission of the persistence of the causes that allowed its issue. It may be converted into a residency permit for employment reasons. Conversion entails the renunciation of subsidiary protection status.
Residence permit for humanitarian reasons
This permit allows the holder to carry out any kind of subordinate or autonomous work activity.
Warning! With the entry into force of Decree-Law No. 113/2018, no new residence permits with the wording “humanitarian reasons” will be issued. Nevertheless, permits for humanitarian reasons valid on 05/10/2018 will remain valid until they expire.
In fact, while the aforementioned Decree does not allow new issuances of this type of permit, it does not alter the characteristics of residence permits for humanitarian reasons already in circulation prior to its entry into force.
If issued as a result of the international protection procedure, the duration of the permit is two years. In other cases, it may have a shorter duration.
Warning! With the introduction of D.L. no. 113/2018, the residence permit for humanitarian reasons is not renewable with a new equivalent title. If the holder of a residence permit for humanitarian reasons does not convert it into a work permit by the expiry date, the Police Headquarters will refer the matter to the Territorial Commission. The latter, only in the case of persistent risks of persecution or torture, may request the issuance of a new residence permit for “special protection”, which, although compatible with work activities, unlike the previous one is valid for one year and cannot be converted into a work permit. In fact, holders of residence permits for humanitarian reasons who do not convert them into permits for autonomous or subordinate work before they expire will definitively lose this possibility.
This type of permit, can be converted into a residence permit for employment reasons, even after the entry into force of Decree-Law no. 113/2018, but only upon expiry of the title.
The residence permit for special cases and the transitional regime
It allows you to carry out any subordinate or self-employed activity.
Warning! This type of residence permit is in fact coincident with the one for humanitarian reasons, which was repealed by Decree-Law No. 113/2018.
The issuance of the residence permit for “special cases” in a transitional regime, takes place when the competent Territorial Commission has deemed to exist “serious reasons of a humanitarian nature or resulting from constitutional or international obligations of the Italian State”, with the consequent indication of the issuance of the permit for humanitarian reasons adopted before 05/10/2018, to applicants who, on the same date, had not yet entered into possession of the residence permit for reasons related to the Public Administration.
The duration of the permit is two years. It is not renewable with an equivalent title. Upon expiry, if the holder of the residency permit has not converted it into a work permit, the Police Headquarters contacts the Territorial Commission. The latter, only in the case of persistent risks of persecution and torture, may request the issuance of a residence permit for “special protection”, which is compatible with employment and valid for one year, but which cannot be converted into a work permit.
In fact, holders of a residence permit for “special cases – transitional regime” who do not convert their permit into a work permit for self-employment or employment before it expires, will definitively lose this possibility.
The special cases are:
– For “special protection”: of a duration of one year, which allows work but cannot be converted into a work permit;
– for “calamity”: of a duration of 6 months, which allows access to work but is not convertible into another residency permit
– for medical treatment”: does not allow access to work, nor conversion
– for acts of particular civic value
– “for special cases”: a) special protection; b) victims of domestic violence who denounce the perpetrator; c) particular labour exploitation upon complaint of the exploited worker who denounces the employer
Residence permit for stateless persons
According to the 1954 New York Convention, a stateless person is a person whom no State considers to be its national. The stateless person is treated in the same way as a refugee.
The duration of the title is 5 years, but is in fact indefinite, as renewal is automatic on each expiry date.
It allows the holder to carry out any subordinate or autonomous work activity. It is a permit issued to persons with ‘stateless status’, with certification of statelessness, obtained as a result of the pending statelessness procedure. If already in possession of a permit, the applicant for statelessness status obtains a permit for ‘pending statelessness’ during the procedure.
Residence permit for minors
Allows unaccompanied foreign minors to work in all cases where Italian law permits minors in general.
The expiry of the permit is linked to the date on which the holder reaches the age of majority.
On reaching the age of majority, the unaccompanied minor may be issued with a residence permit for reasons of study, access to employment, or subordinate employment or self-employment in these two cases:
1) When the minor has been present in Italy for at least three years and has participated in an integration project for at least two years;
2) Subject to the positive opinion of the General Directorate for Immigration and Integration Policies in all other cases. For the purposes of the opinion, the attendance of a course or the performance/promise of a work activity remain central.
Residence permits for STUDY/FORMATION reasons
It allows the exercise of subordinate work for a commitment that does not exceed 20 hours per week, which may be cumulated for 52 weeks, subject to a maximum annual limit of 1,040 hours. It is issued to foreigners who are authorised to enter Italy for study or training purposes, or who are enrolled in a course of study or professional training. Holders of a residency permit for study purposes are also minors who, having come of age and regularly enrolled in a study/training course, convert their residency permit for family reasons into a study permit.
The duration of the residency permit for study purposes corresponds to the duration of the course of study or training attended, subject to an annual verification of profit. The permit is renewable. If the foreign student enrolled in a course of study in Italy receives a job offer with a commitment exceeding the limit of 1,040 hours per year, it is possible to convert this permit into a work permit, but only within the limits of the available entry quotas. The conversion procedure is managed by the Single Desk for Immigration. The permit for study reasons can also be converted for reasons of self-employment, subject to the issue by the Single Desk of the certification attesting to the existence of the requirements provided for by law, and always within the limits of the specific quotas established in the Flows Decree.
Pursuant to art. 14, par. 6, of D.P.R. 394/1999 and subsequent modifications, for those who entered Italy to attend a vocational training course, conversion is possible only after the conclusion of the training course attended.
The residency permit for study reasons may instead be converted outside of the quotas in two cases 1) by a foreigner who has obtained an academic qualification in Italy (bachelor’s or master’s degree, doctorate, etc.); 2) by a foreigner who is already legally residing and has come of age in Italy.
Finally, it is possible to convert a residency permit for study purposes into a residency permit for awaiting employment for students who have obtained a doctorate, a master’s degree, a three-year degree or a specialised degree in Italy.
Tabella 2
Refugee
What documents should they have?
Residence permit for holders of refugee status
+
Residence card
Passport
Identity card
Fiscal code
Health card
What should the employer do?
Forwarding UNILAV communication
Where?
Online at the site made available by the relevant region or autonomous province
Notes
Can be converted into a residence permit for work purposes, but entails loss of refugee status
Beneficiary of subsidiary protection
What documents should they have?
Residence permit for subsidiary protection
+
Residence card
Passport
Identity card
Fiscal code
Health card
What should the employer do?
Forwarding UNILAV communication
Where?
Online at the site made available by the relevant region or autonomous province
Notes
It can be converted into a residence permit for employment reasons. Conversion entails the renunciation of subsidiary protection status.
Beneficiary of humanitaria protection
What documents should they have?
Holding a valid humanitarian permit as of 05/10/2018 until its expiry.
Notes
With the entry into force of Decree-Law No. 113/2018, no new residence permits with the wording “humanitarian reasons” will be issued.
They can be converted into residence permits for work reasons but only upon expiry, otherwise the possibility will be lost.
Protection holder for special cases
What documents should they have?
Residence permit for: humanitarian reasons, special protection, disasters, medical treatment, acts of special civic value, other special cases.
Notes
The issuance of a residence permit for “special cases” under the transitional regime, takes place when the competent Territorial Commission has deemed the existence of “serious reasons of a humanitarian nature or resulting from constitutional or international obligations of the Italian State”, resulting in the issuance of a permit for humanitarian reasons adopted before 05/10/2018,
+
Holders of residence permits for ‘special cases – transitional regime’ who do not convert them into permits for self-employment or employment before their expiry date will definitively lose this possibility.
Statelessness
What documents should they have?
Residence permit for statelessness or pending statelessness
Minor
What documents should they have?
Residence permit for minor age
Notes
On expiry, it can be converted into a residence permit for work, study or training purposes.
Student
What documents should they have?
Enrolment in a course of study or vocational training
Notes
Maximum limit of 1,040 hours per year.
It is possible to convert this permit into a work permit, but only within the limits of the available entry quotas.
It may be converted into a work permit outside the quotas in two cases:
1) the minor has acquired a qualification;
2) the minor legally residing in Italy has come of age.
LAWS ON CARE WORK/MIGRANT WORKERS IN CARE
The sources of regulation of the relationship are as follows:
- Constitution, in particular Articles 36, 37, 38 and 40;
- Law No 339 of 2 April 1958, which applies only in the case of relationships of at least four hours a day with the same employer, supplemented by Articles 2240-2246 of the Civil Code and Royal Decree No 1825/1924 on private employment (Art. 98 disp. att. cod. civ. and Art. 21, Law No 339/1958);
- Articles 2094-2134 of the Civil Code for those aspects not regulated by the above provisions, since they are compatible with the special nature of the relationship (Article 2239 of the Civil Code);
- Law 297 of 29 May 1982 on severance pay;
- Presidential Decree No. 1403 of 31 December 1971 on social security aspects;
- Collective bargaining
Procedures for the recognition of qualifications and certificates for foreigners
Foreign citizens who intend to carry out a regulated profession in Italy, continue their training or participate in a competition, must have a qualification or a professional qualification with legal value in Italy. For this reason, if they have a foreign qualification, it is possible to activate a formal recognition procedure even if it is not mandatory for all professions. If one is legally resident in Italy, it is possible to undertake or continue a training, educational or professional path.
Migrants who have already obtained a qualification abroad can activate the recognition procedure by sending an official request to the Italian authorities in order to have them legally recognized and to be able to take advantage of it.
To request the recognition of a qualification, it will be necessary to apply for the Legalization of the Title and the Declaration of Value:
Legalization of the Title: the qualification is an official document. Some national regulations require that official documents must be legalized in a way that ensures their authenticity. The competent national bodies where the qualification has been issued are responsible for legalisation.
Declaration of value: is a document describing a specific qualification obtained at a foreign training institution. It is written in Italian and includes all the information about the qualification obtained abroad and its value in the country where it was obtained. It is produced by the competent Italian diplomatic representation (Embassy/Consulate) where the qualification was obtained. The Declaration of Value does not give legal recognition to the qualification, but is necessary together with the procedures for the recognition of qualifications. It does not represent the legal translation of the title, i.e. the sworn translation made by a professional translator (who ensures fidelity to the original text), or others and then legalized by the Consulate. It is an official document that contains the following data:
– Surname, first name, date and place of birth of the person in charge;
– Institution under whose authority the licence was issued;
– Date of issue of the licence;
– Registration number;
– Name of the educational establishment or university where the qualification was awarded;
– Field, specialisation;
– Duration of the course of study;
– General average of the final exam;
– Current voting system;
– Qualifying profession (in case of recognition of the professional qualification)
The required documents change according to the bilateral agreements between the country of origin and Italy. For this reason, it is important to contact the appropriate Italian diplomatic missions where the qualification was obtained to ask for any information. In any case, it is necessary for the person to have the original or authentic copy of the qualification and the legal translation into Italian of the qualification.
Where? To obtain the declaration of value and request the necessary documents, you must go to the competent Italian consulate in your country of origin.
The recognition is about: Secondary School Diploma, Secondary School Diploma, University Degree / Academic Conservatory Diploma, PhD,
ATTENTION: the recognition of the degree is not automatic. There is an incorporation that consists in passing a number of exams established independently by each University. Moreover, the recognition of the degree is not sufficient to carry out a professional activity.
Enrolment in vocational training courses
Not all vocational training institutions require the same requirements for enrolment in courses.
– Courses for OSS (Socio-Sanitary Operators) are post-diploma courses, for which the title of High School is required, translated, legalized, with declaration of value. For more information, you access this link https://www.operatoresociosanitario.net/
– Courses for ASA (Social Welfare Assistants) require the qualification corresponding to the basic school, translated, legalized, with a declaration of value or an eighth grade diploma obtained in Italy. For more information, you access this link https://www.agenfor.it/qualifiche/ausiliario-socio-assistenziale/
To carry out some jobs it is necessary to have a university degree. Those who have a qualification in their own country for the exercise of the profession can apply for recognition to the competent Ministry, which may make the recognition of the qualification subject to passing an aptitude test. In addition, in order to carry out certain jobs, which do not require a university degree; it is in any case necessary to request recognition of the degree from the competent Ministry.