Rome, 20 May 2020 – Regularisation, DL art. 103 has been published in the Official Gazzette.
Among the new features (compared to what was previously announced) we find that: the amount of the contribution for the employer increases from 400 to 500 euros.
The presence in Italy can be proved with all documents with a certain date from public offices.
translated from https://stranieriinitalia.it/attualita-sp-754/regolarizzazione-ecco-il-testo-in-gazzetta-ufficiale/
here is the text :
1. In order to ensure adequate levels of individual and collective health protection as a result of the contingent and exceptional health emergency linked to the disaster resulting from the spread of Covid 19 and to encourage the emergence of irregular employment relationships,
Italian employers or nationals of a Member State of the European Union, or foreign employers holding the residence permit provided for in Article 9 of Legislative Decree No 286 of 25 July 1998, as amended,
may apply, in the manner described in paragraphs 4, 5, 6 and 7, to conclude a contract of employment with foreign citizens present on the national territory or to declare the existence of an irregular employment relationship, still in progress, with Italian citizens or foreign nationals.
To this end, foreign citizens must have been subjected to photodactyloscopic surveys before March 8, 2020 or must have stayed in Italy before that date, on the basis of the declaration of presence, made in accordance with Law no. 68 of May 28, 2007, or certificates consisting of documents of a certain date from public bodies; in both cases, foreign citizens must not have left the national territory since March 8, 2020.
2. For the same purposes referred to in paragraph 1, foreign citizens, with a residence permit expired on October 31, 2019, not renewed or converted into another residence permit, may apply for a temporary residence permit, valid only in the national territory, for a duration of six months from the submission of the application, according to the modalities referred to in paragraph 16.
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 areas referred to in paragraph 3, before 31 October 2019, proven in accordance with the procedures set out in paragraph 16.
If, at the end of the duration of the temporary residence permit, the citizen has a subordinate employment contract or the salary and social security documentation proving the performance of the work activity in accordance with the provisions of the law in the sectors referred to in paragraph 3, the permit is converted into a residence permit for work reasons.
3. The provisions of this article apply to the following sectors of activity:
(a) agriculture, livestock and animal husbandry, fisheries and aquaculture and related activities;
(b) assistance to the person for themselves or for members of their family, even if they are not living together, suffering from diseases or handicaps that limit their self-sufficiency;
(c) domestic work to support family needs.
4. The application referred to in paragraph 1 shall indicate the duration of the employment contract and the agreed remuneration, not less than that provided for in the collective labour agreement of reference entered into by the trade unions and employers’ organizations comparatively more representative at national level.
In the cases referred to in paragraphs 1 and 2, if the employment relationship terminates, even in the case of a seasonal contract, the provisions of article 22, paragraph 11, of legislative decree no. 286 of 25 July 1998, as amended, shall apply, in order to carry out further work activity
5. The application referred to in paragraphs 1 and 2, shall be submitted from 1 June to 15 July 2020, in the manner established by decree of the Minister of the Interior in agreement with the Minister of Economy and Finance, the Minister of Labour and Social Policies, and the Minister of Agriculture, Food and Forestry Policies, to be adopted within ten days of the date of entry into force of this decree, at the following address
(a) the National Social Security Institute (INPS) for Italian workers or for nationals of a Member State of the European Union;
b) the one-stop-shop for immigration, referred to in Article 22 of Legislative Decree No 286 of 25 July 1998, as amended, for foreign workers, referred to in paragraph 1;
c) the Police Headquarters for the issue of residence permits, referred to in paragraph 2.
6. The same decree referred to in paragraph 5 also establishes the employer’s income limits required for the termination of the employment relationship, the appropriate documentation to prove the work activity referred to in paragraph 16 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 presentation of the petitions allows the carrying out of the work activity; in the hypothesis referred to in paragraph 1, the foreign citizen carries out the work activity exclusively in the employ of the employer who has presented the petition.
- The applications are presented upon payment, with the modalities provided for by the inter-ministerial decree of which
It is also provided for the payment of a lump-sum contribution for the amounts due by the employer for remuneration, contributions and tax, the determination of which and the methods of acquisition are established by decree of the Minister of Labour and Social Policy in agreement with the Minister of Economy and Finance, the Minister of the Interior and the Minister of Agriculture and Forestry.
8. Ineligibility of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into a work permit, the conviction of the employer in the last five years, even with a non-final sentence, including the one adopted following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, constitutes a cause for ineligibility:
a) aiding and abetting illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or exploitation of prostitution or minors to be employed in illegal activities, as well as for the crime referred to in Article 600 of the Criminal Code;
b) illegal intermediation and exploitation of labour pursuant to Article 603-bis of the Penal Code;
c) offences referred to in Article 22, paragraph 12, of the Consolidated Act referred to in Legislative Decree no. 286 of 25 July 1998, as amended.
9. It also constitutes a cause for the rejection of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into work reasons, the failure of the employer to sign the contract of stay at the one-stop-shop for immigration or the subsequent failure to hire the foreign worker, except in cases of force majeure not attributable to the employer, however, occurring following the completion of procedures for the entry of foreign citizens for reasons of subordinate work or procedures for the emergence from irregular work.
10. Foreign citizens are not admitted to the procedures provided for in paragraphs 1 and 2 of this article:
a) in respect of whom an expulsion order has been issued pursuant to Article 13, paragraphs 1 and 2, letter c), of Legislative Decree No. 286 of 25 July 1998, and Article 3 of Decree-Law No. 144 of 27 July 2005, converted, with amendments, by Law No. 155 of 31 July 2005, and subsequent amendments.
b) that are reported, also on the basis of international agreements or conventions in force for Italy, for the purposes of non-admission in the territory of the State;
c) they have been convicted, even with a non-final sentence, including that pronounced also following application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offences provided for in Article 380 of the Code of Criminal Procedure or for offences against personal liberty or for drug offences, aiding and abetting illegal immigration to Italy and illegal emigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or the exploitation of prostitution or minors to be employed in illegal activities;
d) which are in any case 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 internal border controls and the free movement of persons.
In assessing the dangerousness of the foreigner, account is also taken of any convictions, even with non-final sentences, including those pronounced following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offences provided for in Article 381 of the Code of Criminal Procedure.
11. From the date of entry into force of this decree until the conclusion of the proceedings referred to in paragraphs 1 and 2, the criminal and administrative proceedings against the employer and the employee, respectively, shall be suspended:
a) for the employment of workers for whom the declaration of emersion has been submitted, even if of a financial, tax, social security or welfare nature;
b) for illegal entry and stay in the national territory, with the exclusion of the offences referred to in Article 12 of Legislative Decree No 286 of 25 July 1998, as amended.
12. In any case, criminal proceedings against employers are not suspended for the following offences:
a) aiding and abetting illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or exploitation of prostitution or minors to be employed in illegal activities, as well as for the crime referred to in Article 600 of the c
(b) illegal intermediation and exploitation of labour in accordance with Article 603-bis of the Criminal Code.
13. The suspension referred to in paragraph 11 shall cease if the application referred to in paragraphs 1 and 2 is not submitted, or if it is rejected or dismissed, including the failure of the parties referred to in paragraph 15.
Criminal and administrative proceedings against the employer shall in any case be dismissed if the negative outcome of the proceedings is due to causes beyond the employer’s control or conduct.
14. In the event that the employer employs, without prior notification of the establishment of the employment relationship, foreigners who have submitted the application for the temporary residence permit referred to in paragraph 2, the sanctions provided for in Article 3, paragraph 3, of Decree-Law no. 22 February 2002, n. 12, converted, with amendments, by Law no. 73 of 23 April 2002, article 39 (7) of decree-law no. 112 of 25 June 2008, converted, with amendments, by Law no. 133 of 6 August 2008, article 82 (2) of Presidential Decree no. 797 of 30 May 1955 and article 5 (1) of Law no. 4 of 5 January 1953. When the facts referred to in Article 603-bis of the Criminal Code are committed against foreigners who have applied for the temporary residence permit referred to in paragraph 2, the penalty referred to in the first paragraph of the same article is increased from one third to one half.
15. The one-stop-shop for immigration, having verified the admissibility of the declaration referred to in paragraph 1 and obtained the opinion of the Police Headquarters on the absence of grounds for refusing access to the procedures or the issuance of the residence permit, as well as the opinion of the competent Territorial Labour Inspectorate regarding the economic capacity of the employer and the appropriateness of the working conditions applied, convenes the parties for the stipulation of the residence contract, for the compulsory notification of employment and the compilation of the application for the residence permit for subordinate work. Failure by the parties to appear without justification shall result in the closure of the proceedings.
16. The application for the issuance of the temporary residence permit referred to in paragraph 2 is submitted by the foreign citizen to the Questore, from 1 June to 15 July 2020, together with the documentation in possession, identified by the decree referred to in paragraph 6 suitable to prove the work activity carried out in the sectors referred to in paragraph 3 and verifiable by the National Labour Inspectorate to which the application is also directed.
Upon submission of the request, a certificate is delivered that allows the person concerned to legitimately reside 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 submit any application for conversion of the temporary residence permit into a residence permit for work purposes.
The applicant is also allowed to register in the register referred to in Article 19 of Legislative Decree no. 150 of 14 September 2015, by presenting to the Employment Offices the certificate issued by the Questore (Police Commissioner) referred to in this article. For the fulfilments referred to in paragraph 2, article 39, paragraphs 4-bis and 4-ter of law no. 3 of 16 January 2003 shall apply; the relevant charge to be borne by the party concerned shall be determined by the decree referred to in paragraph 5, up to a maximum amount of 30 euros.
17. Pending the definition of the proceedings referred to in this article, the foreigner cannot be expelled, except in the cases provided for in paragraph 10. In the cases referred to in paragraph 1, the signing of the residence contract together with the obligatory notification of employment referred to in paragraph 15 and the issue of the residence permit entail, for both the employer and the worker, the extinction of the crimes and administrative offences relative to the violations referred to in paragraph 11.
In the case of a request for emersion referring to Italian workers or citizens of a Member State of the European Union, the relevant submission pursuant to paragraph 5, letter a) entails the extinction of the crimes and offences referred to in paragraph 11, letter a).
In the cases referred to in paragraph 2, the extinction of the crimes and administrative offences relating to the violations referred to in paragraph 11 is the sole consequence of the issue of a residence permit for work purposes.
18. The residence contract stipulated on the basis of an application containing untrue data is null and void pursuant to article 1344 of the Civil Code. In this case, any residence permit issued is revoked under article 5(5) of legislative decree n.
19. By decree of the Minister of Labour and Social Policy in agreement with the Minister of the Interior, the Minister of Economy and Finance and the Minister of Agricultural, Food and Forestry Policies, the allocation of the flat-rate contribution, referred to in the last sentence of paragraph 7, is determined.
20. In order to effectively combat the phenomena of concentration of foreign citizens referred to in paragraphs 1 and 2 in conditions inadequate to ensure compliance with the hygienic-sanitary conditions necessary to prevent the spread of contagion from Covid-19, the competent State Administrations and the Regions, also through the implementation of the measures provided for in the Three-Year Plan to combat labour exploitation in agriculture and the caporalate 2020-2022, adopt solutions and urgent measures suitable to ensure the health and safety of housing conditions, as well as further interventions to combat irregular work and the phenomenon of the caporalate. For the above purposes, the Operational Table established by art. 25 quater of Legislative Decree no. 119/2018, converted with amendments by Law no. 136/2018, can avail itself of the support of the Department for Civil Protection and the Italian Red Cross, without new or increased charges to public finance. For the implementation of this paragraph, the Public Administrations concerned shall provide within their respective financial, human and instrumental resources available under current legislation.
21. In paragraph 1 of article 25-quater of Decree Law no. 119 of 2018, after the words representatives, the following words are added “of the delegated political authority for territorial cohesion and of the delegated political authority for equal opportunities”.
22. Unless the act constitutes a more serious offence, whoever makes false statements or certifications, or contributes to the act in the context of the procedures provided for in this article, shall be punished in accordance with article 76 of the Consolidated Act referred to in Presidential Decree no. 445 of 28 December 2000.
If the act is committed through the falsification or alteration of documents or with the use of one of these documents, the penalty is imprisonment from one to six years. The penalty is increased up to a third if the act is committed by a public official.
23. In order to allow for a more rapid definition of the procedures referred to in this article, the Ministry of the Interior is authorised to use, for a period not exceeding six months, through one or more employment agencies, temporary contract work services, up to a maximum expenditure limit of 30,000,000 euros for 2020, to be distributed to the places of employment concerned in the regularisation procedures, in derogation of the limits referred to in Article 9, paragraph 28, of Decree Law no. 78 of 31 May 2010, converted, with amendments, by Law no. 122 of 30 July 2010. To this end, the Ministry of the Interior may use negotiated procedures without prior publication of a tender notice, pursuant to Article 63, paragraph 2, letter c) of Legislative Decree no. 50 of 18 April 2016, as amended.
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