Focus On Il lavoro subordinato
With specific reference to fixed-term and open-ended subordinate employment, the Consolidated Immigration Act provides that an Italian employer or foreign employer legally residing in Italy who intends to establish an employment relationship with a foreigner national residing abroad , before sending the request for work authorisation to the Sportello Unico, must check with the competent Employment Centre that there are no other workers already available to fill the job for which they intend to hire the worker abroad.
Once it has been verified that all conditions are met, it is possible to proceed sending to the Single Immigration Desk (Sportello Unico) of the province of residence or the province in which the company has its registered office, or the province in which the work is to be carried out, the following documentation (art. 22, paragraph 2):
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the nominative request for work authorisation
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appropriate documentation on the accommodation arrangements for the foreign worker
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a residence contract proposal specifying terms and conditions including the employer's commitment to pay the costs of the employee’s return trip to the country of origin
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the declaration of commitment to communicate any change concerning the employment relationship.
The Sportello Unico for Immigration, has to provide that the requirements listed above have been met, as well as those of the CCNL applicable to the employment relationship
Once 60 days have passed since the submission of the application without the obstructive reasons having emerged, the “nulla osta” is automatically issued and sent - electronically – including the tax code -to the Italian diplomatic representations of the worker's country of origin, which must issue the entry visa within twenty days of the relative application. Once the visa has been obtained, the worker can enter Italy.
The work authorisation is valid for a period not exceeding six months from the date of issue (Art. 22(5) of the Consolidated Act).
The employer must apply for the” nulla osta” via available online procedure on the portal of the Ministry of the Interior.
A simplification of the procedures for the granting of authorisation has been introduced by the Decree-Law no. 73 of 21 June 2022 (Articles 42-45, Simplifications Decree).
Hiring of non-EU workers web page is also available.
More information on 'Flow procedures' can be found on the portal of the Ministry of the Interior
Within 8 working days of entering Italy, the foreign worker have to go to the competent “Sportello Unico”. Once the documentation has been verified, the worker is issued the certificate of assignment of a tax code. The foreign worker then signs the residence contract for work without attaching any modifications or conditions to it, which is kept at the Sportello Unico itself. The Sportello Unico also arranges for the foreign worker to sign the residence permit application form, which is sent to the competent Questura Art. 36 of the Implementation Regulation).
Lastly, it is pointed out that the loss of employment is not a reason for revoking the residence permit of non-EU workers and their legally residing family members.
Unless it is a residence permit for seasonal work , a foreign worker holding a residence permit for subordinate employment who loses his job, including through resignation, may be registered on the employment lists for the remaining permit validity period and, in any case, for a period of no less than 1 year or for the entire period of the income support benefit received , if longer (Art. 22, par. 11 of the T.U.).