Hiring of non-EU workers in Italy: procedures and obligations provided by the Flows Decree 2023.
The Flows Decree 2023 regulates the entry of non-EU workers in Italy for the current year and was published on the Official Gazette no. 21 on January 26, 2023.
How many non-EU citizens can enter Italy to work in 2023?
The new Flows Decree sets a maximum limit of 82,705 entries, of which 44,000 are reserved for seasonal work purposes.
The quota set for non-seasonal and self-employed work entries is 38,705 units, with the vast majority (30,105 units) reserved for non-seasonal subordinate work entries in the transport, construction, tourism-hotel, as well as new sectors such as mechanics, telecommunications, food, and shipbuilding.
An important new feature introduced by the 2022 Flows Decree is the requirement that employers check with the competent Employment Center before submitting the work clearance request, to ensure that there are no other workers already available on national territory to fill the job intended for the foreign worker. This check is done by sending a “personnel request” to the Employment Center, using an editable form to verify the unavailability of workers on national territory.
The work clearance request may only proceed if:
The Employment Center does not respond to the request within fifteen working days of the application date;
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 show up for the selection interview, except for a justifiable reason, at least twenty working days after the date of the request.
The above circumstances must be self-certified by the employer and attached to the work clearance request. This prior verification of the unavailability of workers on national territory is not necessary for seasonal workers and workers trained abroad.
Another important new feature of this year is that, after 30 days from the submission of the applications without any reasons being found to be an obstacle, the work clearance will be automatically issued and sent to the Italian diplomatic representations of the countries of origin, who must issue the entry visa within twenty days of the relevant application.
Verification of subordinate work entries, including seasonal work, already sent to the Labor Inspectorates, is exclusively delegated to professionals registered in the register of labor consultants, lawyers, or chartered accountants and accounting experts.
The outcome of these verifications will be attested by an appropriate statement based on the guidelines issued by the National Labor Inspectorate, which will be attached to the work clearance request.
This attestation is not required in the case of requests sent on behalf of their associates by the employer representative organizations that have signed Protocols of Understanding with the Ministry of Labor and Social Policies.
Employer representative organizations that have signed Protocols of Understanding with the Ministry of Labor and Social Policies will benefit from a simplified procedure that will allow the communication of the proposed stay and work contracts directly to the competent Labor Inspectorate.
From January 30, 2023 to March 22, 2023, it is possible to pre-fill application forms on the Ministry of Interior’s service portal, accessible from 8:00 AM to 8:00 PM every day of the week, including Saturdays and Sundays.
Applications must be submitted electronically for all types of subordinate, seasonal, and non-seasonal work starting at 9:00 AM on March 27, 2023.
Applications can be submitted until December 31, 2023 or until the available quota established by the DPCM of December 29, 2022 is exhausted.
To submit an online application, it is necessary to have an SPID identity.
All information regarding the details and procedures for submitting applications is contained in Interministerial Circular no. 648 of January 30, 2023 and Interministerial Rectification Circular no. 732 of February 01, 2023.
How can I convert my residence permit?
The conversion of residence permits for subordinate work requires the submission of a signed employment contract proposal by the employer at the time of the appointment with the “Sportello Unico”. This proposal must commit the employer to hiring the non-EU foreign worker. Subsequently, the mandatory communication of hiring will be generated by the system and sent electronically to the Ministry of Labor and Social Policies.
The Territorial Labor Inspectorate is responsible for verifying requests for residence permit conversion that involve the insertion of a non-EU foreign worker into the national labor market, according to article 30-bis of Legislative Decree 394/1999. The Inspectorate will issue the relevant opinion.
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