DECRETO FLUSI 2010
December 31, 2010 - At last it was adopted by the Government of the much anticipated "stream decree" authorizing 98,080 shares (86,580 new entry on grounds of non-seasonal work in favor of third country nationals "residing" abroad and 11,500 conversions work permits) .
In Italy you can take a national extraUE (Forighners)only if you already hold a residence permit appropriate recruitment, such as a residence permit for family reasons, employment is not seasonal, studio (for up to 20 hours per week and still no later than 1040 hours per year), a political refugee, humanitarian reasons, and so on. In the remaining cases (eg for a foreigner in Italy for tourism or short stays) the employer must necessarily await the issuing of the decree flows and ask, then, prior permission to work and then recruit. The citizen extraUe for which you are applying for authorization must be abroad or otherwise be legally residing in Italy for other reasons.
The decree also provides for the possibility of converting some residence permits (for study, training, training, seasonal work, etc..) Into permits for employment or self-employed.
Questions can be sent only from the appointed day by the stream decree and only after this was published in the Official Gazette. Not be considered valid applications submitted before that day.
Since the shares are allocated according to the chronological order of arrival of the application, it is important to send immediately, on the appointed day, the question you hope to get the share before it runs out. In 2007, for example, the shares available has been consumed over 15 minutes on average than the scheduled time of submission of the application (8.00).
The deadlines for submitting applications
Employers wishing to recruit workers from the countries for which a proportion can submit applications starting from 08:00, 31 January 2011.
Employers wishing to recruit domestic workers from countries for which there is a proportion can submit applications starting from 08:00, 2 February 2011.
Employers wishing to recruit workers in other sectors, from countries for which there is a proportion, can submit applications starting from 08:00, 3 February 2011.
Those who will present the conversion of a residence permit in a permit to work must submit an application if provendono January 31, 2011 from a country listed by the Decree, or February 2, 2011 in the case.
Will be open to applications submitted within six months from the date of publication of the decree in the Official Gazette.
WHAT DOES THE Decreto Flusi 2010
Inputs for employment and domestic confidential by Nationality
Under the share of labor inputs, there is a quota of 52,080 places for employment, restricted only to non-EU nationals from these countries:
4500 Albania, Algeria 1000, 2400 Bangladesh, Egypt, 8000, 4000 Philippines, Ghana 2000, Morocco 4500, Moldova 5200, 1500 Nigeria, Pakistan 1000, 2000 Senegal, Somalia 80, 3500 Sri Lanka, Tunisia 4000, India 1800, 1800 Peru, 1800 Ukraine, 1000 Niger, Gambia 1000, 1000 other non-EU countries that enter into agreements with Italy.
Warning : once exhausted the quota reserved for non-EU nationals from the countries listed, you can not submit applications by taking advantage of the other levels provided in the Decree flows.
Inputs of domestic workers and carers (nationality not unique)
It 'made for an additional quota of 30,000 places for non EU citizens not belonging to the above-listed countries (eg Russian) only to perform domestic work as domestic helpers, caregivers or baby sitters.
Entry of workers trained abroad
It 'was finally given a share of third-country nationals who have undergone training and education in the country of origin (4,000 seats) and a quota of 500 places for self-employed and of Italian origin (parents, grandparents or great-grandparents Italian ) resident in Argentina, Uruguay, Venezuela and Brazil, and included in the lists of workers in their Italian Consulate.
Converting to work permits
In addition to inputs for the work stream decree provides for the possibility of converting 11,500 residence permits also allowed to work in as many as follows:
Can be converted into Subordinate work:
3,000 permits for study;
3,000 permits for vocational training / apprenticeship;
4,000 permits for seasonal work;
1000 EC residence permit for longer stays issued by other EU states.
Can be converted to Self-Employment: 500 EC residence permit issued for long-term resident third-country nationals from other EU states.
REQUIREMENTS FOR SUBMITTING AN APPLICATION
The employer, Italian or extra-legally residing in Italy, can make an application for a work permit subject to a non-EU citizens resident abroad, or that they are in Italy, can not be directly employed as completely devoid of a permit residence, or holder of a permit not valid for direct recruitment.
The employer must have an economic capacity that varies depending on whether you seek to recruit a domestic worker or a worker - not home, as an employee or otherwise.
CAPACITY 'ECONOMIC
Hiring a domestic worker (maid, baby sitter or caregiver)
The employer must demonstrate an annual income greater than or equal to at least twice the amount required for payment of annual salary, plus the related contributions paid to the worker to be recruited.
For example, to request the hiring of a domestic worker for 25 hours per week for a monthly salary of 600 € all-inclusive cost of the contributions due to INPS every quarter amounted to € 318.50.
The calculation is as follows: annual earnings, including bonus, amounting to 7800 €, to which is added the cost of contributions for all year round (318.50 * 4 quarters) which amounts to € 1,274. The total cost amounts to € 9,074.
So an employer who wants to submit the application for employment must possess a capacity equal to twice the economic cost, ie approximately € 18,150.
If you ask the intake worker as a caregiver for yourself or a family member because they have severe disabilities or medical conditions that limit self-sufficiency is not necessary to prove the possession of the income required. Will only serve a certification issued by a public health facility or settled assestante ol'handicap disease.
It is important to note that the law provides that, if the employer is not in receipt of income or having insufficient income to make the application, or to combine the incomes of families living or not living together (in the first degree relatives).
Hiring a domestic worker
For the recruitment of an employee of the law, however, does not establish a fixed parameter and verify the economic enterprise is called the assessment "discretion" of the Office examines the application. During the investigation, in fact, are considering a number of factors: the adequacy of the number of requests, compliance with the requirements of the collective bargaining agreement applicable to the employment, salary and insurance costs under existing law, the needs of the enterprise and the operating profit and the turnover, the number of employees already in place, etc.. If the company was formed recently and therefore has not yet submitted a tax return, a budget, etc.. other factors are evaluated, such as the alleged sales or the accounts, financial assets.
The requirements of the worker
The worker, in order to enter in Italy, once authorized, should not be expelled before the submission of the application or must not have been convicted of certain offenses covered by the Act on immigration. Such devices include all convictions for aiding and abetting illegal immigration, prostitution, smuggling of narcotics, sale of counterfeit goods, robbery, injury.
The terms of contract
The employment contract must include a schedule of no less than 20 hours weekly and monthly minimum wage is to ensure that laid down by national collective agreement of reference that varies in relation to leadership and job offer to the employee.
The employer is also obliged to ensure the availability of suitable housing (including home), as evidenced by the certificate of accommodation issued by the city office.
Please note that the application may be made for family members. Thus, for example, the employer can make the extra demand for the spouse or the brother.
THE PROCEDURE
ENTRANCE TO WORK
The procedure called for direct employment
The employer must submit an application to the Single Desk for Immigration at the prefecture of residence or, if the Company or the Company, which is the company's base or where work will be performed.
The question is electronically but must wait for instructions from the Ministry of the Interior.
This will send a special form, fill it online, containing the proposed contract to stay where they should indicate details of the employment relationship you want to create (income, salary, applicable collective agreement, accommodation arrangements and so on).
Following receipt of the request, the OSS will send the request to the police station for verification of any convictions or expulsion of the worker. In the case of a positive opinion will be forwarded to the application, the office itself, the local Labour Office to verify the availability of the share of the economic capacity of the employer and compliance with the minimum conditions of work. They will then be requested additions documentary.
Once successfully completed the preliminary investigation, the employer will be called for signing the residence contract and issuing a work permit, valid for 6 months from date of issue. The employer must then arrange to send the authorization for foreign workers who must go, with this document and the original passport valid at the Italian Consulate in his country to apply for entry visa to work in Italy.
Only after obtaining the visa, the non-EU citizen can come to Italy and within 8 days after arrival, visit the Immigration Office to sign the contract to stay and then forward the request of a residence permit for work at police headquarters by using the Postal kit.
The conversion of a residence permit
Holders of a residence permit for study, vocational training / apprenticeship and hold an EC residence permit for longer stays issued by other EU member states may request the conversion of their permits in a permit for employment. Even holders of a permit for seasonal work may request the conversion but only from the second residence for seasonal work.
To request the conversion is necessary first of all that the foreigner is allowed in possession of valid and not expired and must make the request for the subsistence quota. The application is submitted by electronic submission of application forms but we will wait for the instructions in this regard will provide the Ministry of the Interior.
The request should indicate details of the residence permit held, the data on applicants, an employer who proposed the hiring and contracts.
Once you have submitted the application with the local Labour Office will verify the existence of the quota, and if successful, the foreign national will be convened at the One Stop Shop to sign the contract of residence and the subsequent sending of the request for a residence permit through the 'Post Office.
Important : Students in non-EU nationals holding a residence permit to study a degree in Italy, both short and specialized streams are exempt from quotas and should not apply for a share subsistence. To convert a residence permit to study employment must complete another form, indicating the same data
The decree expressly provides that only non-EU nationals holding a residence permit for EC long-term residents issued by another EU state may convert their permission for self-employment.
0 comments:
Post a Comment