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Section – HIRING: WHAT TO DO BEFORE HIRING
Various official steps need to be taken by the employer and by the worker, depending on the worker’s age and nationality.
Workers from Italy or another European Union country
What the employer must do
If the domestic worker is a citizen of Italy or another European Union country (Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom), then the employer may hire the domestic worker directly once the details of the employment relationship have been agreed (hours, pay, annual leave, &c.). Citizens from Switzerland and states of the European Economic Area - EEA (Norway, Iceland, Liechtenstein) are assimilated to European Union ones.
What the worker must do
To be hired, a worker does not need to be on a placement list, but must have a Tax Registration Number (“codice fiscale”), an identity document and a current health card (“tessera sanitaria”) issued by his/her local health authority (ASL).
There are different procedures for a worker already living in Italy and for one at present living elsewhere.
If the non-EU worker already lives in Italy
What the employer must do
|Anyone wanting to hire a non-EU worker already resident in Italy must make a “Temporary Working Residence Contract” with that person. This is how it is done:|
NB: The procedures and forms to be used may change from year to year; so prospective employers are advised to check at the Ministry of Labour website, or the Migrant Workers section of the INPS website.
|What the worker must do|
Have a Temporary Residence Permit;
Sign the form for the Temporary Working Residence Contract, together with the employer.
If the non-EU worker has not yet arrived in Italy
What the employer must do
The Italian government makes a planning decision each year (the so-called “Migrant Workers Order” [Decreto Flussi]) on the maximum number of non-EU workers that will be granted a Temporary Residence Permit for purposes of employment. The Order comes into force on being published in the Official Gazette [Gazzetta Ufficiale].
Anyone, therefore, who wants to employ a non-EU citizen currently resident abroad must wait for the Migrant Workers Order for the current year to be published in the Official Gazette, and then submit their application for an Employment Permit in accordance with the dates indicated there.
For further information browse the website of the Italian Home Office
How to apply for an Employment Permit
The application for a permit must be submitted using the Italian Home Office’s new online procedure, which can be accessed at www.interno.it.
Prospective employers with a PC and an Internet connection can complete and submit the application online, with the following procedure:
- a) once connected to the website, the user must register his/her name, last name, birthday, e-mail address and a suitable password in a dedicated section;
- b) he/she receives, then, at the e-mail address he/she has indicated, a confirmation e-mail he/she has to answer in order to complete the registration;
- c) he/she must choose, in the provided list, the kind of contract he/she wants to apply for and enter his/her and the worker's particulars along with the employment place. The user must save on his/her PC the form to be completed afterwards off-line;
NB: The user can make up to five applications
- d) in order to complete the saved form, a suitable software is provided, which can be downloaded following the instructions on the website;
- e) the application is now ready to be transmitted.
How to obtain the Employment Permit
The application for a permit is automatically copied to the appropriate Provincial Government Employment Department, the Questura [Police] and the Centre for Emplyment, each of which then opens a file on it.
The employer is given an appointment to come in person to the Service Desk for delivery of the Permit - which is valid for 6 months - and to sign the Temporary Residence Contract, which will have been drawn up by the Service Desk. On that occasion, the prospective employer must show the tax-income documentation and the receipt of the request made for the Suitable Accommodation Certificate (issued by the relevant local authority area [Comune] or ASL).
The Service Desk transmits the Permit and the proposal of the contract to the relevant Italian Consulate abroad, which will grant the employee the entry visa he/she had previously applied for.
Getting someone else to pick up the Permit
If the prospective employer cannot, for health reasons, pick up the Permit and sign the Temporary Residence Contract in person, then he/she can arrange for their spouse or, failing that, a son, daughter or other relation (within the third degree: parent, child, sibling, nephew, niece, uncle, aunt) to do so. That person must show his/her identity papers and present a declaration to the Service Desk official giving the reasons why the prospective employer cannot attend.
Other obligations as an employer
An employer must in all circumstances observe the conditions established by the Migrant Workers Order [Decreto Flussi] being in effect at the moment of the application, regarding the weekly working hours and the annual income. The prospective employer who hires a foreign worker as a personal carer, being him/herself sick or severely disabled, is not requested to provide self-certification proving his/her financial status. Besides, he/she must:
- formally undertake to pay the cost of travel for the worker’s return to his/her country of origin;
- formally undertake to notify the authorities of any change affecting the employment relationship;
- ensure that adequate accommodation is available; on the visit to the Service Desk for the Permit, a receipt slip must be presented showing that a Suitable Accommodation Certificate (issued by the employer’s local Commune or ASL) has been applied for;
- the certificate will be required even if the worker will be “living in” as a personal carer.
What the worker must do
Once the permit has been granted, the Immigration Service Desk will send it, together with the Temporary Residence Contract and a Tax Registration Number which will have been requested from the Inland Revenue, to the relevant Italian consular office abroad (embassy or consulate), which will give the worker the entry visa he/she applied for previously.
The Service Desk will also give the worker, in addition to the Temporary Residence Contract, a copy of the Charter of Values and a guide to the immigration laws prepared by the Italian Home Office (“In Italy - Legally”), in the language version which the foreigner most readily understands.
For further details see www.poliziadistato.it
What if a non-EU worker already in work needs to renew his/her Temporary Residence Permit?
The temporary working residence contract, stipulated with the employer through the form Q, is required also in case of renewal of the temporary residence permit. In the case of a worker already resident in Italy who has concluded his/her employment relationship and whose temporary residence permit is going to expire, if he/she accepts the proposal of a new job, then can obtain the renewal of the permit by showing the temporary residence contract stipulated with the new employer.