On 10 March 2023, Decree Law No. 20 was published in the Official Gazette, containing new rules to prevent and fight illegal immigration and to regulate entry flows for foreign workers.
The measure provides that the entry quotas for non-EU citizens admitted into Italy as employees (including seasonal) and self-employed workers will be defined by a Prime Ministerial Decree which will cover the years 2023-2025 (no longer just one year, as was the case until now). Should the need arise during the aforementioned three-year period, further decrees may provide for additional quotas against which applications already submitted by companies and not accepted will also be examined.
To prevent illegal immigration, preferential quotas are envisaged for workers from States that, also in collaboration with Italy, promote mass media campaigns for their citizens detailing the risks to personal safety resulting from involvement in illegal migration.
Compliance checks and asseveration
Employers will continue to be legally obliged to attach to the foreigner’s employment application the asseveration issued by labour consultants and the most representative employers’ organisations (to which they adhere or which they mandate), certifying compliance with the NCBA (National Collective Bargaining Agreement) and adequacy of the number of applications submitted.
The asseveration is not, on the other hand, required for applications submitted by employers’ organisations that have signed a special memorandum of understandingwith the Ministry of Labour in which they undertake to ensure that their members comply with the requirements subject to the aforementioned checks.
Fulfilments to be met for the entry of foreigners have been simplified as follows:
- the work permit will have to be issued even if the competent Police Headquarters (Questure) have not acquired, within 60 days, information regarding any impediments, the subsequent ascertainment of which will, in any case, lead to revocation of the permit;
- the permit will allow the foreigner to work in Italy also while awaiting signature of the contract of stay;
- the maximum duration of the residence permit renewals issued for open-ended employment, self-employment or family reunification has been increased from 2 to 3 years.
Entries outside of the quotas
Foreigners who have, in their country of origin, completed vocational and civic-linguistic training courses organised by the Ministries of Education and Labour, also on the basis of the needs expressed by the trade associations of the production sector concerned, are permitted entry outside of the established quotas.
Finally, priority is given to businesses that have already applied for agricultural workers under the Flow Decree 2022 and that have not been allocated all or part of the workforce requested. These businesses will, in fact, be able to obtain the “missing” workers with priority over new applicants, within the quotas established for the sector in question in subsequent decrees issued during the three-year period.
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