The Italian government has recently announced many changes in its Decreto Flussi 2023 program. The new changes come into effect with the Law Decree n. 73/2022, in force since 22 June 2022. These address many issues that are concerned the applicants and the employers. These are such as for work in Italy and significant simplifications of the procedures for issuing the no impediment document to work, which will allow work to be carried out in Italy. Furthermore, hiring workers immediately who are already in Italy and faster process of work permits.
The new Decree (Decreto Flussi 2023) sets a maximum quota of workers equal to 82,705.
Possibility of immediately hiring those who are already in Italy
The employer will also be able to immediately hire workers already present in Italy, albeit in an irregular condition, as of 1 May 2022, as “proven” by any photodactyloscopic findings, declarations of presence or “documentation of a certain date from public bodies”. These conditions do not have to be ascertained by the employer but will be verified by the Sportello Unico for Immigration, only after hiring, when it summons the employer and the employee to sign the residence contract.
Nulla Osta within 30 days and entry visa within 20 days
The authorization will be issued for all applications submitted under the 2021 flow decree within 30 days of the publication of the decree-law and will allow you to carry out work activities in Italy. The entry visa for Italy, requested on the basis of the no impediment document for subordinate and seasonal work, will be issued within twenty days of the date of submission of the application.
Verification of requirements
Among other things, the decree simplifies the verification of the requirements on compliance with the provisions of the collective labor agreement and the verification of the adequacy of the number of requests, providing that before the application these checks are carried out by labor consultants and employers’ associations.
The National Labor Inspectorate, which will carry out random checks in collaboration with the Revenue Agency, has released the INL Circular n.3/2022, with reference to art. 44 of the Legislative Decree no. 73/2022, “simplification of checks for the entry of non-EU personnel”, giving indications on the “asseveration” procedure, i.e. the procedure for verifying the requirements of employers which will be performed by labor consultants and employers’ organizations.
Consultants and employers’ associations will be called upon to carry out checks on capital capacity, economic-financial balance, turnover, number of employees, and type of activity. Furthermore, “for the purpose of greater awareness of judgment”, they will have to acquire the DURC and a series of self-certifications indicated in detail in the circular, to which a model for the sworn statement is also attached.
Verification of the requirements will not be required for applications presented by the comparatively most representative employers’ organizations at the national level which have signed a specific memorandum of understanding with the Ministry of Labor and Social Policies with which they undertake to guarantee compliance with the requirements. For applications already proposed for the 2021 year, the sworn statement will be presented by the employer at the time of signing the residence contract.
Explanation
First of all, thirty days after the submission of the applications without the impediment reasons having emerged, the no impediment document is automatically issued and sent – electronically – to the Italian diplomatic missions of the countries of origin which will have to issue the entry visa within twenty days of the relative application.
Secondly, the next change concerns the need for the employer to verify, at the competent Employment Center, before sending the request for authorization to work, that there are no other workers already present on the national territory willing to fill the job for which the intention is to hire the worker who is abroad. This verification must be carried out by sending a request for personnel to the Employment Centre, using the appropriate form.
Therefore, the authorization request can only proceed if:
- the Employment Center does not respond to the request presented, within fifteen working days from the date of the request;
- the worker reported by the employment center is not suitable for the job offered by the employer;
- the worker sent by the employment center does not appear, unless there is a justified reason, for the selection interview, after at least twenty working days from the date of the request;
- The occurrence of the aforementioned circumstances must result from a self-certification that the employer must attach to the application for a work permit.
This preventive verification of the unavailability of workers present on the national territory is not necessary for seasonal workers and for workers trained abroad.