Non-EU nationals can work in Italy under the employer-specified program known as “Lavoro Subordinato”. Entry into Italy is allowed to non-EU citizens in possession of a valid passport and an entry visa, except in cases of exemption. In case one wants to apply for this visa, he has to have a job offer from an employer. Once this, the visa application can be submitted to an Italian embassy or consulate.
Therefore, entry visas and residence permits for subordinate work, also for seasonal needs, and for self-employment, are issued within the limit of the quotas. The so-called Flows Decree annually establishes the entry quotas for work reasons based on the needs of the production system.
Citizens of non-EU countries can access the Italian labor market if already legally residing in Italy and, therefore, in possession of a regular residence permit, subject to signing a residence contract with the employer and in the presence of all the conditions of law; or, if coming from abroad, within the quotas established by the so-called Flow Decree.
In this regard, the Consolidated Law provides that with one or more Decrees of the President of the Council of Ministers, by 30 November of the year preceding the reference year of the decree, on the basis of the general criteria identified in the programmatic document, the maximum quotas of foreigners to be admitted into the territory of the State for subordinate work, also for needs of a seasonal nature, and for self-employment, taking into account family reunifications and any temporary protection measures established.
The residence permit must be requested within 8 working days of entering Italy at the Questura of the Province in which the non-EU citizen intends to stay.
With specific reference to fixed-term and open-ended subordinate work, the Consolidated Law on Immigration provides that the Italian or foreign employer legally residing in Italy who intends to establish an employment relationship in Italy with a foreign resident abroad, subject to verification at the competent Employment Center of the unavailability of a worker present on the national territory, at the Immigration Desk of the Province of residence or of the one in which the company has its registered office, or of the one in which it will take place the work performance, must present the following documentation (art. 22, paragraph 2):
- the residence contract proposal with specifications of the relative conditions, including the employer’s commitment to pay the costs of returning the foreigner to the country of origin;
- the nominative request for authorization to work;
- suitable documentation relating to the accommodation arrangements for the foreign worker;
- the declaration of commitment to communicate any changes concerning the employment relationship.
The One Stop Shop for Immigration, within the maximum overall term of 60 days from the presentation of the request, provided that the above-listed requirements have been complied with, as well as those of the National Collective Labor Agreement applicable to the employment relationship, issues – having heard the Police Headquarters – the no impediment document in compliance with the numerical, quantitative and qualitative limits established by the Flow Decree and, at the request of the employer, sends the documentation, including the tax code, to the consular offices.
The no impediment document for subordinate work is valid for a period not exceeding 6 months from the date of issue. The employer will have to request authorization through the online procedure available on the portal of the Ministry of the Interior.
In any case, it should be noted that, within 8 days of entering the national territory, the foreign worker must go to the competent one-stop shop where, after verifying the existence of all the conditions, he signs the residence contract for subordinate work.
As for the issue of the residence permit for work purposes, when signing the residence contract, the Sportello Unico also arranges for the foreign worker to sign the residence permit application form.
The loss of a job does not constitute a reason for the revocation of the residence permit of the non-EU worker and his legally residing family members. In fact, the foreign worker in possession of the residence permit for subordinate work who loses his job, also due to resignation, can be registered in the employment lists for the period of residual validity of the permit and, in any case, unless it is a permit residence for seasonal work, for a period of no less than 1 year or for the entire duration of the income support benefit received by the foreign worker if higher.