Details about regularisation of domestic workers

Each family to regularise only one housekeeper and two caregivers

13th July 2009: The draft of the measure to be applied by the Italian Government to regularise housekeepers and caregivers (colf & badanti) working in the country illegally is ready. The text which was prepared by staff of the Ministry of Home Affairs and Ministry of Labour, may be modified, but the final version will not be much different from the one we’ve seen. It will be presented to the Parliament as an amendment to the anti-crisis Decree.

Employers, be they Italians, European Union citizens or non-EU citizens (who have been living legally in Italy for at least five years) will be able to regularise the housekeepers and caregivers doing undeclared work for them.

In order to do this, they’ll be required to report the existence of undeclared work, pay a lump sum amount of 500 Euros, and pay an amount equivalent to social security contributions for three months. The personal reporting of undeclared work protects the employer and worker from criminal, civil and administrative sanctions foreseen by the law for undeclared work.

Employers of EU citizens will have to submit the application for regularisation to INPS (using prepared forms). They’ll also have to pay the money to the Italian National Social Security Institute (INPS).

In the case of non-EU citizens, the application for regularisation will have to be sent online to the competent Immigrations Office at the Prefecture (Sportello unico per l'immigrazione). Before approving the application, the Immigrations Office at the Prefecture will first seek the view of the Provincial Police Headquarters (Questura).

Each family will be allowed to regularise only one housekeeper (colf) and two caregivers (badanti).

The employer will be required to pay the worker’s social security contributions and all other contributions foreseen by the type of contract applicable. Details can be obtained from the offices of INPS.

According to the draft measure, applications for regularisation will be submitted between 1st and 30th September this year (unless there will be delays caused by the discussion of the measure in Parliament.

It will be possible to regularise only housekeepers and caregivers who by 30th June 2009, had been working for the employer for at least three months. This means the people to be regularised must have been working since April 2009.

The employer will have to declare under his/her responsibility, the date the worker began working for him/her. No special evidence is required to prove this, so the employer’s declaration is sufficient.

Non-EU foreigners who in the past have been given expulsion orders for reasons other than failure to renew the Permit of Stay would not be allowed to apply for regularisation. Also those who have been banned from entering the country would not be allowed to apply. The same would be applicable to those who have been condemned for crimes listed under Articles 380 and 381 of the Criminal Code (robbery, sexual violence, terrorism, etc).

At least 300,000 people will be regularised, even though some Trade Unions and Associations hold that at least 500,000 may be regularised. INPS is expected to earn at least 150 million Euros from this operation. And each month, it will be receiving more than 45 million Euros through social security contributions. The State coffers will also receive about 400 million Euros yearly.

It is not yet known how long it will take to complete the regularisation process. According to the Ministries of Labour and Home Affairs, it will take a few days to regularise Italian and EU citizens. But it will certainly take much longer time to regularise non-EU citizens because each application will be have to be scrutinised by the police to check if there are reasons that can stop the worker from being issued the Permit of Stay.

In any case, once the application has been submitted, the employer and the worker will have to wait to be summoned to the Immigrations Office at the Prefecture to undersign the Residency contract (contratto di soggiorno) and apply for the Permit of Stay for subordinate work.