For foreigners na hindi regular o mga mamamayang dayuhan dito sa bansang Italia na walang regular na Permit of Stay/Residence Permit (the so called Permesso di Soggiorno).
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 infection from Covid 19 and to encourage the emergence of irregular employment relationships, Italian employers or citizens of a Member State of the European Union, or foreign employers in possession of the residence permit provided for in article 9 of Legislative Decree 25 July 1998, no. 286, and subsequent amendments, may submit an application, in the manner referred to in paragraphs 4, 5 and 6, 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 photodactyloscopic surveys before March 8, 2020 or must have stayed in Italy previously on the aforementioned date, pursuant to the declaration of presence, made pursuant to law May 28, 2007, no. 68; in both cases, foreign citizens must not have left the national territory since 8 March 2020.
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 request a temporary residence permit in the manner referred to in paragraph 13. 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 accordance with the procedures referred to in paragraph 13. If, within 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 activity in accordance with the provisions of law in the sectors referred to in paragraph 3, the permit is converted into a residence permit for work reasons.
Who can apply:
The provisions of this article apply to the following business sectors:
a) agriculture, livestock and animal husbandry, fishing and aquaculture and related activities;
b) care givers...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 works.
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 that 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.
Time Frame:
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 a non-regulatory nature of the Minister of the Interior in concert with the Minister of Economy and Finance, the Minister of labor and social policies, and the Minister of Agricultural, Food and Forestry Policies to be adopted within ten days of the 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.
The same decree also establishes the income limits of the employer required for the conclusion of the employment relationship, the appropriate documentation to prove the working activity referred to in paragraph 13 as well as the detailed procedures for carrying 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 application.
The requests are submitted upon payment, in the manner provided by the interministerial decree referred to in paragraph 5, of a flat-rate contribution established in the amount of 400 euros for each worker, to cover the costs related to the completion of the emergence procedure referred to in paragraph 1, or 160 euros to cover the costs for the procedure referred to in paragraph 2, including the cost of transmitting the application referred to in paragraph 13. It is also expected to pay a lump sum contribution for the sums due by the employer remuneration, contribution and tax, to be determined by decree of the Minister of Labor and Social Policies in agreement with the Minister of Economy and Finance, the Minister of the Interior and the Minister of Agricultural and Forestry Policies.
Take Note: Pagbantay jud intawon.
Have a clear knowledge of your porospect employer. Clean records as they say.
The sentencing of the employer in the last five years, including with a non-definitive sentence, including the one adopted as a result, 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. of application of the penalty on request pursuant to article 444 of the code of criminal procedure, 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 and additions.
Who could be disqualified?
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 the assessment of the danger of the foreigner, any convictions are also taken into account, even with a non-definitive sentence, including that 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 by the article 381 of the code of criminal procedure.
From the date of entry into force of this decree until the conclusion of the procedures referred to in paragraphs 1 and 2, the criminal and administrative proceedings against the employer and the worker are suspended, respectively: a) for the employment of workers for whom the emergence 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 the legislative decree 25 July 1998, n. 286, and subsequent amendments. 10 bis. 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.
The suspension referred to in paragraph 10 ceases if the application referred to in paragraphs 1 and 2 is not presented, or the same is rejected or archived, including the non-presentation of the parts referred to in paragraph 12. In any case, 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.
In the case of irregular working use of the instances referred to in paragraph 2, the penalties provided for in art. 22, paragraph 1, of the Legislative Decree of 14 September 2015, n. 151 doubled as the penalties provided for by art. 603 bis penal code.
The one-stop shop for immigration, having checked 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 Inspectorate territorial employment regarding the economic capacity of the employer and the adequacy of the working conditions applied, calls the parties to stipulate the residence contract, for the mandatory communication of employment and the completion of the residence permit application for subordinate work . Failure to present the parties without justified reason will result in the cancellation of the proceedings.
The application for the issue of the temporary residence permit referred to in paragraph 2 is submitted by the foreign citizen to the Quaestor, from 1 June to 15 July 2020, together with the documentation in possession, identified by the decree referred to in paragraph 5, suitable to prove 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 any application for conversion of the temporary residence permit into a residence permit for work reasons. It is also possible to register immediately in the register referred to in art.19 of Legislative Decree 14 September 2015 n.150 by showing the Employment Offices 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.
Pending the definition of the procedures referred to in this article, the foreigner cannot be expelled, except in the cases provided for in paragraph 9. In the cases referred to in paragraph 1, the signing of the residence contract together with the mandatory employment notification referred to in paragraph 12 and the issue of the residence permit entail, for the employer and for the worker, the extinction of the crimes and administrative offenses relating to the violations referred to in paragraph 10. In the case of an application for emergence referring to Italian workers or to citizens of a Member State of the European Union, the relative presentation pursuant to paragraph 5, lett. a) involves the extinction of the crimes and offenses referred to in paragraph 10, lett. to). In the cases referred to in paragraph 2, the extinction of the crimes and administrative offenses relating to the violations referred to in paragraph 10 follows exclusively the issue of the residence permit for work reasons.
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.
The destination of the flat-rate contribution is determined 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. in paragraph 6.
The destination of the flat-rate contribution is determined 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. in paragraph 6.
In paragraph 1 of article 25-quater of the law decree 23 October 2018, n. 119, converted with amendments by law 17 December 2018, n. 136, the following words "of the delegated political authority for territorial cohesion" are added after the word representatives.
Unless the fact constitutes a more serious offense, anyone who submits false declarations or attestations, or contributes 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 up to a third if the fact is committed by a public official.
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, extendable for a further six months, through one or more employment agencies, fixed-term contract work, up to a maximum of 900 units, to be distributed in the service offices involved in the regularization procedures. To this end, the Ministry of the Interior can use negotiated procedures without prior publication of a tender notice, pursuant to Article 63, paragraph 2, letter c), of Legislative Decree of 18 April 2016 no. 50 and subsequent amendments.
Depending on the effects deriving from the implementation of this article, the level of funding of the National Health Service to which the State ordinarily contributes has increased by ...... million euros for the year 2020 and by ..... million euros from the year 2021. By decree of the Minister of Labor and Social Policies, in consultation with the Minister of Economy and Finance, after hearing the Permanent Conference for relations between the State, the regions and the autonomous Provinces of Trento and Bolzano, the relative amounts are divided between the regions in relation to the number of non-EU workers who emerged pursuant to this article.
Possible proofs to be presented in the application:
1. Acts coming from Public Administration
2. Expired permit of stay
3. Loss report of any documents or properties.
4. House contracts/Rentals
5. Letters/Post cards
6. Telephone line contract/Cellphone Sim card obtained in Italy in the
name of the applicant.
7. Italian school certificates released by either public or private
8. Any documents bearing the applicant's name from hotels
9. Any proof attesting the applicant's presence in Italy dated before the required date in the decree.
10. Kahit mga multa in your name.
For more questions, we're located in Via Betteloni, 39/b - 37131 Verona (VR), Italy
Updated: 14 May 2020
by: Dr. Noël Ortega
Legal Society Associates Europe
SANATORIA! Ring all the Bells ! Amnesty ! Amnesty ! Amnesty has Come to Town ! (Art. 110-bis)ultima modifica: 2020-05-14T20:19:46+02:00da