Guide to facilitate the employment of migrants

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).

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

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

Tabella  2

LAWS ON CARE WORK/MIGRANT WORKERS IN CARE

The sources of regulation of the relationship are as follows:

1. Constitution, in particular Articles 36, 37, 38 and 40;
2.  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);
3. 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);
4. Law 297 of 29 May 1982 on severance pay;
5. Presidential Decree No. 1403 of 31 December 1971 on social security aspects;
6. 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.