Rome, 20 May 2020 - Regularization, the DL art 103 has been published in the Official Journal.
Among the news (compared to what was previously announced) we find that: the amount of the contribution for the employer goes from 400 to 500 euros.
The presence in Italy can be proven with all documents with a certain date from public offices.
Here is the text:
1. In order to ensure adequate levels of individual and collective health protection as a consequence of the contingent and exceptional health emergency connected to the calamity resulting from the spread of the infection from Covid 19 and to encourage the emergence of irregular employment relationships,
Italian employers or citizens of a Member State of the European Union, or foreign employers in possession of the residence permit provided for in article 9 of Legislative Decree 25 July 1998, no. 286, and subsequent amendments,
may submit an application, in the manner referred to in paragraphs 4, 5, 6 and 7, to conclude a subordinate employment contract with foreign nationals present on the national territory or to declare the existence of an irregular employment relationship, still in progress, with Italian citizens or foreign citizens.
To this end, foreign citizens must have undergone photodactyloscopic surveys before March 8, 2020 or must have stayed in Italy previously on the aforementioned date, pursuant to the declaration of presence, made pursuant to law May 28, 2007, n. 68 or certificates made up of documents of a certain date from public bodies; in both cases, foreign citizens must not have left the national territory since 8 March 2020.
2. For the same purposes referred to in paragraph 1, foreign citizens, with a residence permit expired on 31 October 2019, which has not been renewed or converted into another residence permit, may apply for a permit in the manner referred to in paragraph 16. temporary stay, valid only in the national territory, lasting six months from the submission of the application.
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 sectors referred to in paragraph 3, prior to 31 October 2019, proven in the manner referred to in paragraph 16.
If during the term of the temporary residence permit, the citizen exhibits a subordinate employment contract or the remuneration and social security documents 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 residence permit for work reasons.
3. The provisions of this article apply to the following business sectors:
a) agriculture, livestock and animal husbandry, fishing 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 pathologies or handicaps that limit their self-sufficiency;
c) domestic work to support family needs.
4. The application referred to in paragraph 1 indicates the duration of the employment contract and the agreed remuneration, not less than that provided for in the collective labor agreement of reference stipulated by the trade unions and employers organizations that are comparatively more representative nationally.
In the cases referred to in paragraphs 1 and 2, if the employment relationship ceases, even in the case of a seasonal contract, the provisions of Article 22, paragraph 11 of Legislative Decree 25 July 1998, n. 286 and subsequent modifications, in order to carry out further work
5. The request referred to in paragraphs 1 and 2, is presented from 1 June to 15 July 2020, in the manner established by decree of the Minister of the Interior in consultation with the Minister of Economy and Finance, the Minister of the labor and social policies, and the Minister of Agricultural, Food and Forestry Policies to be adopted within ten days from the date of entry into force of this decree, at:
a) the National Social Security Institute (INPS) for Italian workers or for citizens of a member state of the European Union;
b) the one-stop shop for immigration, pursuant to art. 22 of Legislative Decree 25 July 1998, n. 286 and subsequent amendments for foreign workers, referred to in paragraph 1;
c) the Questura for the issue of residence permits, referred to in paragraph 2.
6. The same decree referred to in paragraph 5 also establishes the income limits of the employer required for the conclusion of the employment relationship, the appropriate documentation to prove the work activity referred to in paragraph 16 as well as the detailed procedures. to carry out the procedure.
Pending the definition of the procedures referred to in paragraphs 1 and 2, the submission of requests allows the performance of the work activity; in the hypothesis referred to in paragraph 1, the foreign citizen carries out the work exclusively for the employer who presented the request.
7. Requests are submitted upon payment, in the manner provided by the interministerial decree referred to in paragraph 5, of a flat-rate contribution established in the amount of 500 euros for each worker; for the procedure referred to in paragraph 2, the contribution is equal to 130 euros, net of the costs referred to in paragraph 15, which however remain the responsibility of the interested party.
The payment of a lump sum contribution is also foreseen for the sums due by the employer in compensation, contributions and taxes, whose determination and the related acquisition methods are established by decree of the Minister of Labor and Social Policies in agreement with the Minister of Economy and Finance, with the Minister of the Interior and the Minister of Agricultural and Forestry Policies.
8. The sentencing of the employer in the last five years, including with a non-definitive sentence, including the one adopted, constitutes a cause of inadmissibility of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into employment following the application of the penalty on request pursuant to article 444 of the criminal procedure code, for:
a) facilitation of illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of people to be destined for prostitution or the exploitation of prostitution or of minors to be employed in illegal activities, as well as for the offense referred to in article 600 of the penal code;
b) illicit brokerage and exploitation of work pursuant to article 603-bis of the criminal code;
c) offenses provided for by article 22, paragraph 12, of the consolidated text referred to in the legislative decree 25 July 1998, n. 286, and subsequent amendments.
9. Also constitutes a cause for the rejection of the requests referred to in paragraphs 1 and 2, limited to the cases of conversion of the residence permit into work, the failure by the employer to sign the residence contract at the one-stop shop for immigration or the subsequent non-recruitment of the foreign worker, except in cases of force majeure not attributable to the employer himself, in any case following the completion of entry procedures for foreign citizens for subordinate work or emergence from work procedures irregular.
10. Foreign citizens are not admitted to the procedures provided for in paragraphs 1 and 2 of this article:
a) against which an expulsion order has been issued pursuant to article 13, paragraphs 1 and 2, letter c), of the legislative decree 25 July 1998, n. 286, and article 3 of the decree-law of 27 July 2005, n. 144, converted, with modifications, by the law 31 July 2005, n. 155, and subsequent modifications.
b) that are reported, also on the basis of international agreements or conventions in force for Italy, for the purpose of refusing entry into the territory of the State;
c) who are convicted, even with a non-definitive sentence, including that pronounced also following the application of the penalty on request pursuant to article 444 of the code of criminal procedure, for one of the crimes provided for in article 380 of the code of criminal procedure o for crimes against personal freedom or for crimes related to drugs, the facilitation of illegal immigration to Italy and illegal emigration from Italy to other States or for crimes aimed at the recruitment of people for prostitution or the exploitation of prostitution or of minors to be employed in illegal activities;
d) that in any case are 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 controls at internal borders and the free movement of persons.
In assessing the danger of the foreigner, any convictions are also taken into account, even with a non-definitive sentence, including that of application pronounced following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offenses envisaged from article 381 of the criminal procedure code.
11. From the date of entry into force of this decree until the conclusion of the proceedings referred to in paragraphs 1 and 2, criminal and administrative proceedings against the employer and the worker are suspended, respectively:
a) for the employment of workers for whom the emergence declaration has been presented, even if of a financial, fiscal, social security or welfare nature;
b) for illegal entry and residence in the national territory, with the exclusion of the offenses referred to in article 12 of the legislative decree 25 July 1998, n. 286, and subsequent amendments.
12. In any case, criminal proceedings against employers for the following offenses are not suspended:
a) facilitation of illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of people for prostitution or for the exploitation of prostitution or for minors to be employed in illegal activities, as well as for the offense referred to in article 600 of the penal code;
b) illicit brokerage and exploitation of work pursuant to article 603-bis of the criminal code.
13. The suspension referred to in paragraph 11 ceases if the application referred to in paragraphs 1 and 2 is not presented, or the same is rejected or archived, including the non-presentation of the parts referred to in paragraph 15.
The criminal and administrative proceedings against the employer are however archived if the negative outcome of the procedure derives from causes independent of the will or behavior of the employer himself.
14. In the event that the employer employs as subordinate workers, without prior notification of the establishment of the employment relationship, foreigners who have submitted the application for the issue of the temporary residence permit referred to in paragraph 2, the penalties provided for by 'article 3, paragraph 3, of the decree-law 22 February 2002, n. 12, converted, with modifications, by the law 23 April 2002, n. 73, from article 39, paragraph 7, of the decree-law of 25 June 2008, no. 112, converted, with modifications, by the law 6 August 2008, n. 133, from article 82, second paragraph, of the decree of the President of the Republic 30 May 1955, n. 797 and the first paragraph of article 5 of the law of 5 January 1953, no. 4. When the facts referred to in article 603-bis of the penal code are committed against foreigners who have submitted the application for the issue of the temporary residence permit referred to in paragraph 2, the penalty provided for in the first paragraph of the same article has increased from one third to half.
15. The one-stop shop for immigration, having checked the admissibility of the declaration referred to in paragraph 1 and acquired the opinion of the police headquarters on the absence of reasons impeding access to the procedures or the issue of the residence permit, as well as the opinion of the competent Territorial Labor Inspectorate regarding the economic capacity of the employer and the adequacy of the working conditions applied, convenes the parties for the stipulation of the residence contract, for the mandatory communication of employment and the completion of the residence permit request for subordinate work. Failure to present the parties without justified reason will result in the filing of the proceeding.
16. The application for the issue 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 for to prove the work carried out in the sectors referred to in paragraph 3 and verifiable by the National Labor Inspectorate to which the request is also directed.
Upon submission of the request, a certificate is delivered that allows the interested party to stay legitimately 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 present the possible application for conversion of the temporary residence permit into a residence permit for work reasons.
It is also possible to instantly register in the register referred to in article 19 of Legislative Decree 14 September 2015, n.150, by showing the employment offices with the certificate issued by the Quaestor referred to in this article. For the obligations referred to in paragraph 2, Article 39, paragraphs 4-bis and 4-ter of the law of 16 January 2003, n. 3; the relative burden on the interested party is determined by the decree referred to in paragraph 5, to the maximum extent of 30 euros.
17. Pending the definition of the procedures 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 mandatory communication of employment referred to in paragraph 15 and the issue of the residence permit entail, for the employer and for the worker, the extinction of the crimes and administrative offenses related to the violations referred to in paragraph 11.
In the case of a request for emergence relating to Italian workers or citizens of a Member State of the European Union, the relative presentation pursuant to paragraph 5, letter a) entails the extinction of the crimes and offenses referred to in paragraph 11, letter a ).
In the cases referred to in paragraph 2, the extinction of the crimes and administrative offenses related to the violations referred to in paragraph 11 follows exclusively from the issue of the residence permit for work reasons.
18. The residence contract stipulated on the basis of an application containing untruthful data is void pursuant to article 1344 of the civil code. In this case, any residence permit issued is revoked pursuant to article 5, paragraph 5, of Legislative Decree 25 July 1998, no. 286, and subsequent amendments.
19. By decree of the Minister of Labor and Social Policies in agreement with the Minister of the Interior, the Minister of Economy and Finance and the Minister of Agricultural, Food and Forestry Policies, the destination of the flat-rate contribution is determined, referred to in the last sentence of paragraph 7.
20. In order to effectively combat the phenomena of concentration of foreign citizens referred to in paragraphs 1 and 2 in inadequate conditions to guarantee compliance with the sanitary conditions necessary in order to prevent the spread of contagion from Covid-19, the Administrations of the Competent States and the Regions, also through the implementation of the measures provided for in the three-year plan to combat labor exploitation in agriculture and the 2020-2022 hiring, adopt urgent solutions and measures suitable to guarantee the health and safety of housing conditions, as well as additional interventions to contrast irregular work and the phenomenon of hired workers. For the aforementioned purposes, the operating table established by art. 25 quater of Legislative Decree no.119 / 2018 converted with amendments by law no.136 / 2018, can avail itself, without new or greater charges for public finance, of the support of the Department for civil protection and the Italian Red Cross. For the implementation of this paragraph, the public administrations concerned provide within their respective financial, human and instrumental resources available under current legislation.
21. In paragraph 1 of article 25-quater of decree law n.119 of 2018, the following words are added after the words "of the delegated political authority for territorial cohesion, as well as the delegated political authority for equal opportunities" .
22. Unless the fact constitutes a more serious offense, anyone presenting false declarations or attestations, or contributing to the fact within the procedures provided for in this article, is punished pursuant to article 76 of the consolidated text referred to in the decree of the President of the Republic 28 December 2000, n. 445.
If the fact is committed through counterfeiting or alteration of documents or with the use of one of these documents, the penalty of imprisonment of one to six years applies. The penalty is increased up to a third if the fact is committed by a public official.
23. To allow a more rapid definition of the procedures referred to in this article, the Ministry of the Interior is authorized to use for a period not exceeding six months, through one or more employment agencies, contract work services to deadline, within the maximum spending limit of 30,000,000 euros for 2020, to be distributed in the places of service involved in the regularization procedures, in derogation of the limits set out in article 9, paragraph 28, of the law decree 31 May 2010, n. 78, converted, with modifications, by the law 30 July 2010, n. 122. To this end, the Ministry of the Interior can use negotiated procedures without prior publication of a contract notice, pursuant to Article 63, paragraph 2, letter c), of Legislative Decree of 18 April 2016 no. 50 and subsequent amendments.
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