ENGLISH
LEGALIZATION OF THE POSITION OF
HOUSEKEEPERS AND CARERS AND LEGALIZATION OF THE POSITION OF DEPENDENT WORKERS
EMPLOYED IN OTHER FIELDS (SANATORIA)
Due to what is known as the “sanatoria” it will
be possible to legalize the positions of illegal foreign workers living in
Italy. There will be two kinds of sanatoria.
Times
The sanatoria
will come into force around the 9th September, that is 15 days after
the issue of the “Bossi-Fini” on the Gazzetta Ufficiale that should take place
by the end of August.
From that time housekeepers and the carers will
have two months to declare their employment. All other workers will only have
one month.
Requirements
All foreign people that began employment before
the commencement of the law and that have accommodation available to them can
apply for the sanatoria.
Each applicant must own a valid passport or a
valid document for expatriation.
Applicants that have previously received an
expulsion order may not apply for the sanatoria
unless it was for failure to renew a residency permit.(this requirement may
be modified by the specific law on the sanatoria
that will be issued in September).
All applicants that have been reported for any
of the offences contained in articles 380 and 381of the Criminal Code are
excluded from the sanatoria.
A family can’t legalize more than one
housekeeper, however, there is no limit on the number of carers that can be
legalized (as long as they can show the pathology of the assisted person by
medical certificate) or any other workers.
Instructions
for the legalization of foreign workers
The procedures to be followed to legalize
either housekeepers or carers are the same (except that the former will have
one month more for the legalization).
It is the employer’s responsibility to apply
for the legalization of the foreign worker by declaration of illegal work. The
employer will be asked to fill in a pre-printed form, from the ministry, and send
it along with a lump-sum payment for outstanding taxes to the Prefettura of the
place of employment by registered mail (raccomandata-assicurata).
Subsequently, the employer and the worker will be called by the Prefettura to
sign a residence contract and receive a residence permit. The residence permit
will last one year and will be renewable on presentation of a work contract.
FIRST PHASE
The Ministry of the Interior will issue two
sets of forms (otherwise known as kit),
one for housekeepers and one for other dependent workers, containing:
ü a form for the declaration of illegal work;
ü a post payment slip for the tax payment;
ü a registered mail coupon;
ü compilation instructions;
ü a pre-printed envelope, on which the applicable Prefettura-UTG district
must be specified.
These kits will be available at the Post-Offices
.
Procedure:
N.B.
Each form refers to a single worker.
The application must be signed by both the
employer and the applicant.
It’s possible to legalize more than one
applicant, filling in the same envelope with more than one application.
It’s not compulsory for the employer to go to
the Post Office: anyone can pay the taxes (tax payment and registered letter
charges).
The registered letter coupon will allow the
foreigner to wait for the legalization without the danger of being expelled
from the country.
The employers that make declaration of illegal
work can’t be punished for any violation of the residence, employment or
financial laws concerning the position of the foreign worker stated in the
document.
The employer (or a juridical delegate) and the
worker will receive a convocation from the Prefettura asking them to go to the
Polyfunctional Desk, that will be set up for the sanatoria on purpose, at a certain day at a certain time.
At the Polyfunctional Desk:
ü the taxpayer’s code (number)will be given to the worker;
ü the application will be officially examined and missing information
completed;
ü the residence contract will be signed by the employer and the worker;
ü the residence permit will be given to the foreign worker.
LAST NOTE
The entire procedure has been based on
ministerial memorandums that have been issued to date and could still be
modified.
For further information it’s necessary to wait
for more memorandums from the Ministry of Interior and Labour.
[a cura di Laura Benzoni e Francesco Bernabini]