Italy’s new immigration law (Art.103 Emersione di rapporti di lavoro) has been passed and added into official Gazzate.
Relaunch Decree Gazzate Italy has been published. Read it all here to know about how undocumented migrants can apply for a residence permit of Italy.
Italy immigration law 2020 Gazzate in English
1. In order to ensure adequate levels of individual and collective health protection as a consequence of the contingent and exceptional health emergency connected to the calamity resulting from the spread of the contagion from COVID 19 and to favor the emergence of irregular employment relationships.
The Italian employers or citizens of an EU Member State, or the foreign employers in possession of the residence permit required by Article 9 of the legislative decree 25 July 1998 n. 286, and subsequent amendments, may submit an application, in the manner referred to in paragraphs 4, 5, 6 and 7, to conclude a subordinate employment contract with foreign nationals present on the national territory or to declare the existence of an irregular employment relationship, still in progress, with Italian citizens or foreign citizens.
To this end, foreign citizens must have undergone Photo ID surveys before March 8, 2020, or must have stayed in Italy before the aforementioned date, by virtue of the declaration of presence, made pursuant to law May 28, 2007, n. 68 or certificates made up of documents of a certain date from public bodies; in both cases, foreign citizens must not have left the national territory since 8 March 2020.
2. For the same purposes referred to in paragraph 1, foreign citizens, with a residence permit expired on 31 October 2019, which has not been renewed or converted into another residence permit, may apply for a permit in the manner referred to in paragraph 16. temporary stay, valid only in the national territory, lasting six months from the submission of the application.
To this end, the aforementioned citizens must be present on the national territory on 8 March 2020, without having left the same date, and must have carried out work activities, in the sectors referred to in paragraph 3, prior to 31 October 2019, proven in the manner referred to in paragraph 16.
If during the term of the temporary residence permit, the citizen exhibits a subordinate employment contract or the remuneration and social security documentation proving the performance of the work in accordance with the provisions of the law in the sectors referred to in paragraph 3, the permit is converted on residence permit for work reasons.
3. The provisions of this article apply to the following business sectors:
a) agriculture, livestock and animal husbandry, fishing and aquaculture and related activities;
b) assistance to the person for themselves or for members of their family, even if they are not living together, suffering from pathologies or handicaps that limit their self-sufficiency;
c) domestic work to support family needs.
4. The request referred to in paragraph 1 indicates the duration of the employment contract and the agreed remuneration, not less than that provided for in the collective labor agreement of reference stipulated by the trade unions and employers’ organizations which are comparatively more representative nationally.
In the cases referred to in paragraphs 1 and 2, if the employment relationship ceases, even in the case of a seasonal contract, the provisions of article 22, paragraph 11 of the legislative decree of 25 July 1998, n. 286 and subsequent modifications, in order to carry out further work
5. The request referred to in paragraphs 1 and 2, is presented from 1 June to 15 July 2020, in the manner established by decree of the Minister of the Interior in consultation with the Minister of Economy and Finance, the Minister of the labor and social policies, and the Minister of Agricultural, Food, and Forestry Policies to be adopted within ten days from the date of entry into force of this decree, at:
a) the National Social Security Institute (INPS) for Italian workers or for citizens of a Member State of the European Union;
b) the one-stop-shop for immigration, pursuant to art. 22 of Legislative Decree 25 July 1998, n. 286 and subsequent amendments for foreign workers, referred to in paragraph 1;
c) the Questura for the issue of residence permits, referred to in paragraph 2.
6. The same decree referred to in paragraph 5 also establishes the income limits of the employer required for the conclusion of the employment relationship, the appropriate documentation to prove the work activity referred to in paragraph 16 as well as the detailed procedures. to carry out the procedure.
Pending the definition of the procedures referred to in paragraphs 1 and 2, the submission of requests allows the performance of the work activity; in the hypothesis referred to in paragraph 1, the foreign citizen carries out the work activity exclusively under the employer who presented the request.
7. Requests are submitted upon payment, in the manner provided by the inter-ministerial decree referred to in paragraph 5, of a flat-rate contribution established in the amount of 500 euros for each worker; for the procedure referred to in paragraph 2, the contribution is equal to 130 euro, net of the costs referred to in paragraph 15, which however remain the responsibility of the interested party.
The payment of a lump sum contribution is also foreseen for the sums due by the employer in compensation, contributions and taxes, whose determination and the related acquisition methods are established by decree of the Minister of Labor and Social Policies in agreement with the Minister of Economy and Finance, with the Minister of the Interior and the Minister of Agricultural and Forestry Policies.
8. The sentencing of the employer in the last five years, including with a non-definitive sentence, including the one adopted, constitutes a cause of inadmissibility of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into work following the application of the penalty on request pursuant to article 444 of the criminal procedure code, for:
a) facilitation of illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of people for prostitution or for the exploitation of prostitution or for minors to be employed in illegal activities, as well as for the offense referred to in article 600 of the penal code;
b) illicit brokerage and exploitation of work pursuant to article 603-bis of the penal code;
c) offenses provided for by article 22, paragraph 12, of the consolidated text pursuant to legislative decree 25 July 1998, no. 286, and subsequent amendments.
9. Also constitutes a cause for the rejection of the requests referred to in paragraphs 1 and 2, limited to the cases of conversion of the residence permit into work, the failure by the employer to sign the residence contract at the one-stop-shop for immigration or the subsequent non-recruitment of the foreign worker, except in cases of force majeure not attributable to the employer himself, in any case following the completion of entry procedures for foreign citizens for subordinate work or emergence from work procedures irregular.
10. Foreign citizens are not admitted to the procedures provided for in paragraphs 1 and 2 of this article:
a) against which an expulsion order has been issued pursuant to article 13, paragraphs 1 and 2, letter c), of the legislative decree 25 July 1998, no. 286, and article 3 of the decree-law of 27 July 2005, n. 144, converted, with modifications, by the law 31 July 2005, n. 155, and subsequent modifications.
b) that are reported, also on the basis of international agreements or conventions in force for Italy, for the purpose of refusing entry into the territory of the State;
c) who are convicted, even with a non-definitive sentence, including that pronounced also following the application of the penalty on request pursuant to article 444 of the code of criminal procedure, for one of the crimes provided for by article 380 of the code of criminal procedure o for crimes against personal freedom or for crimes related to drugs, the facilitation of illegal immigration to Italy and illegal emigration from Italy to other States or for crimes aimed at the recruitment of people for prostitution or the exploitation of prostitution or of minors to be employed in illegal activities;
d) that, in any case, are considered a threat to public order or the security of the State or of one of the countries with which Italy has signed agreements for the abolition of controls at internal borders and the free movement of persons.
In assessing the danger of the foreigner, any convictions are also taken into account, even with a non-definitive sentence, including that of application pronounced following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offenses envisaged from article 381 of the criminal procedure code.
11. From the date of entry into force of this decree until the conclusion of the proceedings referred to in paragraphs 1 and 2, criminal and administrative proceedings against the employer and the worker are suspended, respectively:
a) for the employment of workers for whom the emergency declaration has been presented, even if of a financial, fiscal, social security or welfare nature;
b) for illegal entry and residence in the national territory, with the exclusion of the offenses referred to in article 12 of Legislative Decree 25 July 1998, no. 286, and subsequent amendments.
12. In any case, criminal proceedings against employers for the following offenses are not suspended :
a) facilitation of illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of people for prostitution or for the exploitation of prostitution or for minors to be employed in illegal activities, as well as for the offense referred to in article 600 of the penal code;
b) illicit brokerage and exploitation of work pursuant to article 603-bis of the penal code.
13. The suspension referred to in paragraph 11 ceases if the application referred to in paragraphs 1 and 2 is not presented, or if the application is rejected or archived, including the failure to submit the parts referred to in paragraph 15.
In any case, the criminal and administrative proceedings against the employer are archived if the negative outcome of the procedure derives from causes independent of the will or behavior of the employer himself.
14. In the event that the employer employs as subordinate workers, without prior notification of the establishment of the employment relationship, foreigners who have submitted the application for the issue of the temporary residence permit referred to in paragraph 2, the penalties are doubled provided for by article 3, paragraph 3, of the decree-law 22 February 2002, n. 12, converted, with modifications, by the law 23 April 2002, n. 73, from article 39, paragraph 7, of the decree-law of 25 June 2008, n. 112, converted, with modifications, by the law 6 August 2008, n. 133, from article 82, second paragraph, of the decree of the President of the Republic 30 May 1955, n. 797 and the first paragraph of article 5 of the law of 5 January 1953, no. 4. When the facts referred to in article 603-bis of the penal code are committed against foreigners who have submitted the application for the issue of the temporary residence permit referred to in paragraph 2, the penalty provided for in the first paragraph of the same article has increased from one third to half.
15. The one-stop-shop for immigration, having verified the admissibility of the declaration referred to in paragraph 1 and acquired the opinion of the police headquarters on the absence of reasons impeding access to the procedures or the issue of the residence permit, as well as the opinion of the competent Territorial Labor Inspectorate regarding the economic capacity of the employer and the adequacy of the working conditions applied, convenes the parties for the stipulation of the residence contract, for the mandatory communication of employment and the completion of the residence permit request for subordinate work. Failure to present the parties without justified reason will result in the filing of the proceeding.
16. The application for the issue of the temporary residence permit referred to in paragraph 2 is submitted by the foreign citizen to the Questor, from 1 June to 15 July 2020, together with the documentation in possession, identified by the decree referred to in paragraph 6, suitable for proving the work carried out in the sectors referred to in paragraph 3 and verifiable by the National Labor Inspectorate to which the request is also directed.
Upon submission of the request, a certificate is delivered that allows the interested party to stay legitimately in the territory of the State until any communication from the Public Security Authority, to carry out subordinate work, exclusively in the sectors of activity referred to in paragraph 3, as well as to present the possible application for conversion of the temporary residence permit into a residence permit for work reasons.
It is also immediately possible to register in the register referred to in article 19 of Legislative Decree 14 September 2015, n.150, showing the employment offices with the certificate issued by the Quaestor referred to in this article. For the obligations referred to in paragraph 2, Article 39, paragraphs 4-bis and 4-ter of the law of 16 January 2003, n. 3; the relative burden on the interested party is determined by the decree referred to in paragraph 5, to the maximum extent of 30 euros.
17. Pending the definition of the procedures referred to in this article, the foreigner cannot be expelled, except in the cases provided for in paragraph 10. In the cases referred to in paragraph 1, the signing of the residence contract together with the mandatory employment notification referred to in paragraph 15 and the issue of the residence permit entails, for the employer and for the worker, the extinction of the crimes and administrative offenses related to the violations referred to in paragraph 11.
In the case of a request for emergence relating to Italian workers or citizens of a Member State of the European Union, the relative presentation pursuant to paragraph 5, letter a) entails the extinction of the crimes and offenses referred to in paragraph 11, letter a ).
In the cases referred to in paragraph 2, the extinction of the crimes and administrative offenses relating to the violations referred to in paragraph 11 follows exclusively from the issue of the residence permit for work reasons.
18. The residence contract stipulated on the basis of an application containing untruthful data is void pursuant to article 1344 of the civil code. In this case, any residence permit issued is revoked pursuant to article 5, paragraph 5, of Legislative Decree 25 July 1998, n. 286, and subsequent amendments.
19. By decree of the Minister of Labor and Social Policies in agreement with the Minister of the Interior, the Minister of Economy and Finance, and the Minister of Agricultural, Food and Forestry Policies, the destination of the flat-rate contribution is determined, referred to in the last sentence of paragraph 7.
20. In order to effectively combat the concentration phenomena of foreign citizens referred to in paragraphs 1 and 2 in conditions inadequate to guarantee compliance with the sanitary conditions necessary in order to prevent the spread of the contagion from Covid-19, the competent State Administrations and the Regions, also through the implementation of the measures provided by the three-year plan to combat labor exploitation in agriculture and the 2020-2022 hiring, adopt solutions and urgent measures suitable for guaranteeing the health and safety of housing conditions, as well as further measures to combat irregular work and the phenomenon of hired workers. For the aforementioned purposes, the operating table established by art. 25 quarter of the DL n.119 / 2018 converted with amendments by the law n.136 / 2018, can avail itself, without new or greater burdens on the public finances, of the support of the Department for civil protection and of the Italian Red Cross.
21. In paragraph 1 of article 25-quarter of decree-law n.119 of 2018, the following words are added after the words ” of the delegated political authority for territorial cohesion, as well as the delegated political authority for equal opportunities”.
22. Unless the fact constitutes a more serious offense, anyone presenting false declarations or attestations, or contributing to the fact within the procedures provided for in this article, is punished pursuant to article 76 of the consolidated text referred to in the decree of the President of the Republic 28 December 2000, n. 445.
If the offense is committed through the counterfeiting or alteration of documents or with the use of one of these documents, the penalty of imprisonment of one to six years applies. The penalty is increased to a third if the fact is committed by a public official.
23. To allow a more rapid definition of the procedures referred to in this article, the Ministry of the Interior is authorized to use for a period not exceeding six months, through one or more employment agencies, contract work services to term, within the maximum spending limit of 30,000,000 euros for 2020, to be shared in the service offices involved in the regularization procedures, in derogation of the limits set out in article 9, paragraph 28, of the law decree 31 May 2010, n. 78, converted, with modifications, by the law 30 July 2010, n. 122. To this end, the Ministry of the Interior can use negotiated procedures without prior publication of a contract notice, pursuant to article 63, paragraph 2, letter c), of Legislative Decree no. 50 and subsequent amendments.
You can also read here full law on Italian Government’ website in Italy