Regularization And Surfacing of Employment Relations
From June 1 to July 15, 2020 as an extraordinary measure, it will be possible to file a request for a residence permit so as to promote the transformation of undeclared work into regular employment in the following sectors of the labor market:
- agriculture, husbandry, fishing and related activities;
- personal assistance services;
- domestic work.
Who can file the request:
- Employers can file a request to hire foreign nationals already present in the country or can declare the existence of an irregular employment relationship to be regularized. The foreign nationals involved must have had their picture and fingerprints taken or be present in Italy prior to March 8, and must not have left the country after this date.
- Foreign nationals with an expired residence permit as of October 31, 2019, - not renewed or converted into another type of residence permit – can file for a temporary six month residence permit valid for the entire country..
Those who file the request must have been present within the country as of March 8, and must have been engaged in the above listed activities.
Should a foreign national obtain salaried employment (in the field of agriculture, fishing, husbandry, personal assistance services, domestic work) during the temporary six month residence permit, the temporary permit will be converted into a residence permit for work purposes.
The requests can be filed in accordance with the procedures set by the Ministry of the Interior at a:
- Unified Immigration Desk,
- The Questura Immigration Office.
The requests can be filed after the employer has paid a lump-sum non-refundable contribution of € 500 to cover the expenses related to the transformation of undeclared work into regular employment for each worker. If the request is made by a foreign national the non-refundable contribution is € 160.
The requests will not be considered if:
In the last 5 years the employer has been found guilty of aiding illegal immigration, crimes directly related to the recruitment of persons for the purpose of prostitution or of minors to employ in illegal activities, or of acting as a gang master and of labor exploitation.
If the employer does not sign the residence permit at the Unified Immigration Desk or refuses to hire the foreign national.
Foreign nationals who have received an expulsion order, who are the subject of alerts issued for the purpose of denying entry to the country, have been found guilty of sexual and drug offenses even if it is a non definitive judgment, facilitating illegal migration or other offenses related to the recruitment of persons for prostitution or minors to be employed in illegal activities, do not qualify.
Nor do foreign nationals who are considered a threat to the public order qualify.
From the moment the decree becomes law to the point when the procedure is finished all criminal and civil actions are suspended against employer and worker for:
- Employment of a worker for whom a request of regularization has been filed,
- Illegal entry and stay on national territory.
During the length of the procedure the foreign national cannot be expelled except for very serious reasons.
The above information provides a general picture. It is not meant to address individual situations. And should further explicative notices be issued to further define the conditions, it's best to talk to a labor consultant, or contact the ARCI Free Number 800 90 55 70.