Focus On Il lavoro stagionale

Within quotas established by the so-called 'Decreto Flussi'  - Flow Decree - , the Consolidated Immigration Act provides for distinctive notas for seasonal work in the agricultural and tourism/hotel sectors are foreseen (Art. 24 of the Consolidated Act).

Employers (or trade associations, on behalf of their members) who intend to establish in Italy a seasonal employment relationship with a non-EU citizen in the agricultural and tourism/hotel sectors, must submit a nominative request to the “Sportello Unico” for Immigration of the Province of residence, under the provisions on fixed-term or open-ended subordinate employment (Art. 22 of the T.U.).

No later than 20 days from the date of receipt of the employer's request the Sportello Unico for Immigration issues the authorization “nulla osta” for seasonal work, - even for several years- for the duration of the seasonal work required.

If the Single Desk for Immigration, after 20 days, does not inform the employer of its refusal, the request is understood to be accepted if the following conditions are jointly met (Art. 24, par. 6 of the Consolidated Act):

After 20 days, the request is deemed granted when the Sportello Unico does not notify the employer of its refusal and the following conditions are jointly fulfilled and (Art. 24, par. 6 of the Consolidated Act):

• the request concerns a foreigner who has already been authorised at least once in the previous five years to do seasonal work for with the same applicant employer;

• the worker was regularly employed all the conditions set out in the previous residence permit conditions had been met.

The seasonal work authorisation allow working in the national territory for up to nine months within a 12-month period (Art. 24(7)).

In case of a new seasonal employment opportunity offered by the same or another employer until the new seasonal employment relationship expires, notwithstanding the limit of 9 months, the seasonal work permission shall be deemed extended and the residence permit may be renewed.

In such a case, the worker is exempted from the obligation to return to the home state to apply for additional visa from the Consular Authority.

Unless they hold a residence permit issued for reasons other than seasonal work, at the end of the nine-month period, the worker must return to the State of origin.

In addition, there are simplified procedures for seasonal workers who have already been admitted to work in Italy at least once in the previous five years and who, in fact, have the right of precedence for re-entry for seasonal work with the same or another employer, compared to those who have never legally entered Italy for work reasons (art. 24, par. 9).

Furthermore, simplified procedures stipulate that seasonal worker already admitted to work in Italy at least once in the previous 5 years have right to priority to re-enter Italy for seasonal work with the same or another employer contrary to those who have never legally entered Italy for work purposes (art. 24, par. 9).

Lastly, it is highlighted that the Ministry of Labour and Social Policies has joined the European 'Rights for all seasons' campaign for the rights of cross-border seasonal workers, promoted by the European Labour Authority (ELA) with the aim to protect seasonal workers and raising awareness among EU citizens about their rights and obligations.