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Work

lavoro-6

“La Repubblica riconosce a tutti i cittadini il diritto al lavoro e promuove le condizioni che rendano effettivo questo diritto.

Ogni cittadino ha il dovere di svolgere, secondo le proprie possibilità e la propria scelta, un’attività o una funzione che concorra al progresso materiale o spirituale della società”.

Articolo 4  - “Costituzione della Repubblica Italiana”

All’interno di questa sezione troverete pubblicata una miniguida, divisa in paragrafi cliccabili, per reperire informazioni pratiche sui documenti necessari, le prassi burocratiche da seguire ed i diritti e i doveri per lavorare regolarmente in Italia.

Here you will find information regarding types of residence permit and the appropriate procedures to follow in order to work in Italy.
For those already in Italy
In order to work in Italy, foreign nationals must have a residence permit which allows them to work. This is given for one of the following reasons:
family residence permit for a member of the EU
permanent residence for families of European citizens
family reasons
integration of a minor
seasonal work
artistic work
self-employed work
dependent work
anticipation of a job
seasonal work (more than one year)
unusual work situations
EC visitor’s permit for long term visitors
subsidiary protection
temporary protection
scientific research
study (in this case it is possible to work for a maximum of 20 hours a week and 1,040 hours per year)
humanitarian reasons
working holidays

It is not possible to work if you have a residence permit for: tourism, religious reasons, medical treatment, minors, request for political asylum, business, legal processes.

-Procedure for employing foreign nationals with a residence permit for work in Italy

Employers who wish to employ foreign nationals legally resident in Italy and in possession of a residence permit enabling them to work, must send the obligatory notification of employment (‘UNILAV’ form) to the employment office of the place in which the job will be carried out within 24 hours of employment starting.
This form, which can only be sent online, absolves the employer of all responsibility for contacting the various work related bodies such as the National Institute for Social Security (INPS), the National Institute for Insurance and Accidents at Work (INAIL) and the Prefecture. (For further information on Social Security, see the chapter entitled ‘SOCIAL SECURITY’).

For more information, and to download the obligatory communication form, visit the Clic Lavoro site at: www.cliclavoro.gov.it

-Procedure for employing foreign nationals already present in Italy but without a residence permit allowing them to work

A foreign national already in Italy for non-work reasons can, in unusual circumstances and according to the limited quota allowed by law, carry out working activity by asking the local central police station to covert the status of their permit.

If in possession of a residence permit for study or training, a foreign national can carry out:

employed work, after having obtained authorisation from the local One Stop Helpdesk for Immigration and conversion of their residence permit from the local central police station.
Self-employed work, after the necessary verification of the established pre-requisites for foreigners starting autonomous work and conversion of the residence permit (for further information see the chapter entitled ‘FOREIGNERS AND THE ECONOMY’).

If in possession of a residence permit for seasonal work, a foreign national can carry out:

permanent employed work, after conversion of the residence permit and as long as they obtained the residence permit for seasonal work the previous year and, when it expired, returned to their home country.

For those coming from abroad

The number of foreign citizens admitted to Italy for employed, seasonal or autonomous work (see the ‘CONTRACTS’ section for the various types of work contract) is limited by the predefined ‘entry limits’: fixed numbers determining the maximum quantities of non-EU nationals allowed to enter Italy for work reasons.
In some cases, defined by law, it is possible to enter regardless of these numbers. To find out more about the specific categories these exceptions apply to, and the procedures to follow for each category, it is possible to consult ‘the Blue Card and other unusual cases’ resource online at: http://www.integrazionemigranti.gov.it/Attualita/IlPunto/Documents/focus%20blu%20card.pdf

-Procedure for employing non-EU nationals resident abroad

An employer who wishes to create a permanent, temporary or seasonal working agreement with a non-EU national living abroad must present an application for authorisation to the One Stop Helpdesk for Immigration, at the Provincial Prefecture, in which the job will be based.
The One Stop Helpdesk for Immigration, after carrying out the checks required by law, will provide the authorisation to work to the employer, who at the moment of collection signs the residence contract, and communicates the fact online to the relevant Consular representative.

The foreign national to be employed must present themselves to the Consular representative within 6 months of the work authorisation being issued to ask for the relevant entry visa. Within 8 days of arriving in Italy, they must also present themselves to the One Stop Helpdesk for Immigration to sign a residence contract (contratto di soggiorno), be issued with a tax code (Codice Fiscale), and a residence permit request form.

For employment of a foreigner resident abroad for seasonal work, the same process outlined above for employed work applies. In this case, the work authorisation is valid for a minimum of 20 days and a maximum of 6 or 9 months.
A residence permit for seasonal work can be converted to a residence permit for employed work only after the second entry for seasonal work, and as long as the worker returned to their home country when the first permit expired. Such a conversion must be requested under the annual flows decree from the One Stop Helpdesk for Immigration of the place in which the job will be situated.
Non EU-nationals may only enter Italy for seasonal work within the annual quota of entry flows for the purposes of seasonal work.

Requests must be sent to the One Stop Helpdesk for Immigration by completing the relevant question form online at: https://nullaostalavoro.interno.it/

For detailed information on the request documentation and the procedures for starting autonomous work, it is advised to consult the chapter entitled ‘FOREIGNERS & THE ECONOMY’.

After arriving in Italy and following the relevant document checks and procedures, the search for work can begin. Here are some simple tips for entering the world of work.

The Job Centre is an office of the Italian public administration dealing with the work market in individual cities and provinces. After having registered and presented a CV, a job seeker is placed in the registry and contacted for an interview when a job offer matching their profile becomes available.
These offices act as a meeting point for job requests and offers, as well as other initiatives such as the development of female work and the organisation of internships. Internships are periods of work experience provided by public or private entities with the primary aim of providing the opportunity to learn a particular working skill.

It is also possible to go to the Employment Office in person to check recent job offers on the notice board. Anyone wishing to receive information or guidance on setting up autonomous work can also find assistance at the Employment Office.

Other than offering work opportunities, the Employment Office provides other useful services, including registration for ‘unemployment status’ (stato di disoccupazione), which indicates a person is currently not working but is available immediately to look for and/or begin a job.
To obtain this status a person a must present themselves at their local Job Centre and issue a statement showing:
past employment history;
immediate availability to start work.

If a foreign national is in possession of a residence permit for employed work and loses their job, including dismissal, they still maintain their registration on the personal details list of the Job Centre for the duration of their permit, and have the right to continue looking for work, as an unemployed person, for 12 months.

There follows a list of the principal Employment Offices in the province of Pesaro and Urbino within the JOB network (clickable-see separate file).

Further sources of assistance during a job search are the Recruitment Agencies (Agenzie Interinali) of your town or city. These privately operated agencies help to place people into jobs, and in the event that your profile corresponds to the needs of an employer, they will arrange an interview for you.

There follows a clickable list of some of the work agencies that can be found in our region. It is advisable to present yourself with an identity document, residency permit and all other papers demonstrating your legal right to stay and work in Italy. This will enable you to access the free services provided by these agencies.

A working agreement can be subordinate, semi-subordinate or autonomous.
The autonomous or self-employed worker begins a business alone without depending on an employer or business owner (for further information, see the section entitled ‘FOREIGNERS & THE ECONOMY’)

In a subordinate work contract, the worker carries out an activity within the productive organisation (factory, plant, shop etc) of an employer. In exchange for carrying out these services, the employer provides compensation (the worker’s salary). The subordinate worker depends on the employer, from whom he receives instructions on how to carry out the working activity.

With this type of contract, the worker benefits from particular safeguards provided by the Italian State regarding worker’s rights, social security1 and collective negotiation2.

Subordinate working contracts can be:

permanent (a tempo indeterminato): in this case the working agreement proceeds over time and the end point of the agreement is not written in the contract;
limited (a tempo determinato): the end point for the working relationship must be written in the contract);
reduced/flexible hours (a orario ridotto e flessibile): it isalso called part time;
Apprenticeship (di apprendistato): with the objective of training a young worker or assisting someone who hasn’t worked for a significant amount of time to get back to work.
Semi-subordinate work contracts, even though they do not create an employment agreement on the part of the employer, involve a worker providing services for a salary. Workers with this type of contract will receive residence permits for autonomous work. Amongst the various types of semi-subordinate work contracts, we find:

Project contracts (Co. Co. Pro.): Co.Co.Pro. is a contract in which the specific project or work program which the worker will complete autonomously and independently must be specified. This contract does not require a fixed working schedule or number of hours, simply that the overall project is completed according to the methods and timings stipulated at the beginning of the contract.

Coordinated and continuous collaboration contracts (Co. Co. Co.): Co.Co.Co. is a working relationship in which a worker provides a service for an employer for a prolonged time without being an employee.

Occasional services contract: means the working activity is carried out occasionally, and for not longer than 30 days or with compensation greater than 5,000 euros. In this situation, an employment agreement is not created between the worker and the employer. Small household jobs, assistance for old people or children, private teaching, small gardening or cleaning jobs, collaboration with public entities or voluntary services for emergency work are examples of activities which may fall under this type of contract.

Attention: Foreign workers still resident abroad cannot enter Italy to begin work under project, coordinated and continuous collaboration or occasional services contracts.

Finally, it is necessary to mention home based work. This is where work is carried out in a location available to the worker (most frequently their house). This type of contract is often used for those, usually women, providing assistance to the elderly, called colfs (housemaid).

Unfortunately today many employers prefer workers to provide services ‘in the black’ or irregularly. Under this arrangement, an employer uses the work or services provided without recognising the rights of the worker to be safeguarded by Social Security cover and the other forms of protection dictated by law. As no official work contract is provided in these cases, the employer evades the required payments of tax and contributions3 towards the employee’s safeguards. Working ‘in the black’ or irregularly is illegal.

For further information visit:
http://www.unito.it/documenti/tipologie_contratti.pdf
http://it.wikipedia.org/wiki/Diritto_del_lavoro

At the moment of employment, a foreign citizen has the full right to know all information regarding working conditions, which must be listed on a written document:

the name of the worker;
the name of the employer;
where work will take place;
how long the work will take;
how long the probationary period will be;
the working timetable;
placement, level and qualification attributed to the worker;
amount of compensation to be received for work;
the number of paid holiday days;
the terms under which the working agreement can be terminated.

How to end a working agreement
To leave a job, a worker must respect the agreed notice period (written in the contract) and present 2 written resignation letters containing, in general:

details of the company being presented the letter;
the date and place of resignation;
a signature of a company representative;
the signature of the resigning worker.

Obligations and rights of a subordinate worker
The standard working timetable, according to the national average, is fixed at 40 hours per week. A worker has the right to 11 consecutive rest hours every 24 hours and a rest period of at least 24 consecutive hours (normally a Sunday) every 7 days.
Paid holidays must last at least 4 weeks and cannot be withheld.

A worker is required to carry out working activity in the fixed location specified in the contract. A worker cannot be transferred from one location to another if there is not a valid reason for it on the grounds of technical, organisational or production related reasons.
A subordinate worker must be diligent, observe working and behavioural guidelines provided by the employer and maintain respectable behaviour towards the employer and work colleagues. Divulging sensitive information or passing it to competitors is forbidden.
Some of the principal rights enjoyed by a subordinate worker are:
the right to payment
the right to severance indemnity
the right to maintain sound physical health (weekly rest, holidays, maternity leave etc.)
freedom of speech and protection of privacy and dignity
the right to study for working students
the safeguarding of cultural, recreational and charitable activities

Furthermore, a subordinate worker has some union rights:
the freedom to organise and carry out union activities
the right to strike
other union rights (the right to post notices, the right to use premises for union activities etc.)

Unions (sindaca the work place and in the greater society. Unions represent their members and stipulate collective working contracts with obligatory effect on all members and categories to which the contract refers.
A union is an entity which represents workers across all productive categories.ti) are worker’s associations which exist to protect the rights and interests of workers both in
Workers’ unions and employers unions both exist.
Amongst the unions which safeguard workers’ rights, there are: CGIL (General Italian Work Confederation), CISL (Italian Confederation of Workers’ Unions) and UIL (Italian Work Union).
It is possible to make use of a union’s assistance and advice by paying an annual subscription fee.

Associations to safeguard the rights of employers also exist, and these also function as classical unions by representing, safeguarding and assisting their members and associates.
Examples of company unions are: Confartigianato, Confindustria, Confesercenti, Confcommercio, Confcooperative, Federmeccanica, Confagricoltura, API, Conftrasporto, and Assintel.
There are hundreds of such organisations in Italy, subdivided according to type, dimension, sector or geographical location.
Unions also exist for autonomous workers and free professionals.

A link to the most important unions along with their contact details and head office locations is available (see file)

 

The Italian Social Security System is run by INPS (The National Institute of Social Security), with INAIL (The National Institute for Insurance against Work Incidents) covering accidents and illness related to work.

The system is comprised of the following services:
illness and maternity cover;
cover for work accidents and illnesses caused by work;
general obligatory insurance;
disability and old age cover;
unemployment cover;
family benefits.

The Italian unemployment benefits system is run by INPS. In the event of losing a job in Italy, it is necessary to attend the local employment office (see the relevant list in the ‘HOW TO FIND WORK IN ITALY’ chapter) where the procedures required for being assigned unemployment benefits will be explained.
The unemployed have the right to stay in Italy and look for work for a period of 6 months. Moreover, the authorities cannot force an unemployed person to leave if they can prove they are actively searching for work to the best of their ability and that there is a realistic chance a job will be found soon (for example, if they still have arranged interviews to attend or are waiting for responses from past interviews).
Under certain conditions, there is also the possibility of continuing to receive unemployment benefits for 3 months in one’s country of origin after requesting such a service from the INPS office of the local province.

For further information, please consult the following sites:
http://web.usal.es/~auesa/atenea/italia/traba5.htm
http://www.inps.it/portale/default.aspx
http://www.inail.it/internet_web/appmanager/internet/home

 

Self-employed work (lavoro autonomo) is a working arrangement in which a person performs a service using their own effort and without depending on an employer. Such a person runs their own business independently and enjoys full control over it.
A foreign citizen who wishes to begin working autonomously in Italy must possess the necessary professional skills required by law to provide services to Italian citizens, including the requirement to become part of registers. Also:

1. they must request a declaration that no reasons for delaying the required authorisations exist from the relevant administrative authority (which is engaged in the issue of the necessary licence or in the verification of membership to the required registers). For example: The Chamber of Commerce would be the relevant authority for signing on to the Registry of Commerce, the local Council would be the relevant authority for those wishing to present a communication to that Council etc. The declaration must be given no later than 3 months from the date of request;
2. recognition of a foreign professional title gained in a country not belonging to the EU and the eventual licencing or registration is required if necessary (see the section dedicated to the recognition of titles in the ‘EDUCATION’ section);
3. they must request a financial parameters attestation on the availability of the resources required to carry out their chosen activity. As long as the activity in question is entrepreneurial in nature, this is issued by the territory’s Chamber of Commerce. The attestation is also issued by professional bodies if the activity in question is subject to membership of such bodies;
4. they must demonstrate the ability to organise suitable lodging arrangements: either by exhibiting a contract of property purchase or rent (according to art. 2 and 4 of Law 4.1.1968, n.15) or by gaining a declaration from an Italian citizen, or a foreign citizen officially resident in Italy, that they can provide the autonomous worker with suitable lodgings.
Once in possession of all necessary paperwork, the foreign person may present themselves to relevant Italian diplomatic representative and request an entry visa for self-employed work.
According to law, there are a series of specific obligations and official procedures which must be carried out when starting the business:

-choose the Business Code (codice attività): it is necessary to choose the correct code for the new autonomous business from those dictated by the regulations in force. If the business is not described by any of the existing codes, it will be necessary to use a generic code closest to the type of business. The code is important as it will be used to assign the necessary tax and social security requirements to the new business.

-choose the Tax Regimen (regime fiscale): according to the predicted annual income of the business, it is necessary to select specific tax regimens which will dictate different methods of assessing liability. For further information consult: www.agennziaentrate.gov.it

-complete the Declaration of Business Starting (Dichiarazione Inizio Attività): this can be completed by going straight to the Revenue Office (Autonomous Work) or to the Chamber of Commerce (Business). For advice, it is recommended to visit one of the Centres for Fiscal Assistance or a qualified accountant.

-open an IVA registration number (Partita IVA): again, this can be completed by going straight to the Revenue Office (Autonomous Work) or to the Chamber of Commerce (Business). The IVA registration number is a code which identifies every citizen or business carrying out economic activity, and opening and closing one is free of charge.
To open an IVA registration number it is necessary to present a declaration within 30 days of starting a business or creating a company1. The forms required are AA9/8 for individuals and AA7/8 for companies. If it is not possible to personally attend the Revenue Office, the declaration of business starting can also be sent by post, handed in by an authorised party2 or online after registering at: http://telematici.agenziaentrate.gov.it.
Alternatively, it is possible to go to the business registration office, which is normally found through the Chamber of Commerce, Industry, Crafts, and Agriculture (see the ‘UNIONS’ section) for which you will need to register.
Once in possession of an IVA registration number, it is necessary to keep a record of all economic activity carried out by the business. The following records are obligatory and must be updated after every transaction:

- the number of invoices3 issued
- the number of invoices received
- the number of outstanding payments due (if applicable).

Invoices certify the activities of a business and are produced for every transaction. There are, however, exceptions and cases in which they are not required: clothes or food shops, restaurants and launderettes (invoices are replaced by fiscal receipts).
Every year a business, even if it has not received or paid invoices, must complete the UNICO form to declare earnings. It is possible to request assistance in preparing this form from the local Revenue Office. For further information, please consult:
http://www.agenziaentrate.gov.it/wps/portal/entrate/agenzia
-sign up to INPS or another Social Security Desk: depending on the business being carried out, it will be necessary to sign up to a specific form of social security run by INPS or another sector specific system.

-sign up to INAIL: through the local INAIL office it is possible to sign up for insurance against work related accidents and illnesses.

-sign the Certificate of Business Starting: this is done at the local Council office (SUAP: One Stop Helpdesk for Productive Businesses) and verifies the business respects urban, building, environmental, public safety, fire prevention, hygiene, work place safety, energy efficiency and cultural guidelines.

From 1st April 2010, businesses, including those run by individuals, must fulfil all communication requirements related to started, changing or closing a business through a Single Communication (ComUnica), delivered electronically. In this way, one site receives all information and can transmit it to the various entities involved in the procedures.

 

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