How do I come to Italy to work as a domestic worker?
Non-EU citizens (those who are not from a country belonging to the EU) must wait for the ?decreto flussi?, which establishes the number of foreign workers who can come to Italy to work as domestic workers.
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What does an employer have to do to hire a domestic worker?
An employer, whether Italian or foreign who wants to hire a domestic worker must apply online for the authorization at Sportello Unico Immigrazione (SUI)
For further information on the online application, please visit the website of the Home Office: https://nullaostalavoro.dlci.interno.it/Ministero/index2.jsp
The Italian or foreign employer will have to fill in the form with his/her personal details, the worker?s personal details and a proposal of the residency contract. The proposal must also include an hypothetical salary, which must be the same and not inferior to the one agreed with in the collective labour agreement(*) and a minimum of 20 working hours per week.
(*) This is an agreement between the organizations who represent the employers and those who represent the workers and it applies to all the people who work in certain fields.
To hire a worker, the employer must show that he/she is able to pay a salary to the worker (the employer?s net income must be double of the yearly gross salary owed to the worker). To show that the employer is able to pay this salary to the worker, he/she can add together the income of relatives who live with him/her and if they do not live together, the employer can add together the income of his/her father, mother and/or children.??
The police check that everything is fine or if there are any reasons to deny access to the worker, such as convictions or previous deportation orders with a re-entry ban. If everything is fine, the Sportello Unico Immigrazione (SUI) sends the authorization to the Consulate in the city where the worker is resident. The Consulate will then issue an entry visa.
The worker can only enter the country with an entry visa. When the worker arrives in Italy, he/she must go with the employer to the Sportello Unico Immigrazione (SUI) within 8 working days from his/her own arrival and pick up a kit including an envelope and forms to fill in, in order to apply for the residence visa. Only after sending out the application for the residence visa, the worker can work legally.
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How often and how does the employer have to pay social security contribution?
The employer must pay social security contribution to INPS (*) every 3 months between the 1st and the 10th day of the month after the trimester in question by using the MAV form.
(*) INPS is a governmental body in charge of administering and paying to contributors pensions, maternity and sickness leave, disability benefits, etc. and to which all workers must pay a percentage of their salary.
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What happens if the employer dies before the authorization is issued?
If the employer dies before the authorization is issued, a member of his/her family can take his/her place and replace him/her in the contract.
The new employer must apply to SUI. In the new application, reference to the old application must be made and the new employer will have to highlight the details of the previous application (sending date, etc.) and present all the paperwork to show that he/she is able to pay a salary to the worker (the employer?s net income must be double of the yearly gross salary owed to the worker).
What happens if the employer does not want to hire the worker after his/her arrival in Italy?
Communication of the worker renouncing to the contract can be made to Sportello Unico Immigrazione (SUI). In this case a temporary visa is issued. If the worker finds another employer who wants to hire him/her, they must go together to Sportello Unico Immigrazione (SUI) to sign a new residency contract and apply for a working visa.
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Which duties does the worker have once in Italy?
The domestic worker must sign the Integration Agreement (as required from the article 4 bis of the Legislative Decree 286/98): when signing the Agreement, the foreign worker is commits to learning Italian and to know the laws and the main values the Italian Republic is based upon.
For further information on the Integration Agreement (with translation in different languages), please visit:
http://www.interno.gov.it/mininterno/export/sites/default/it/sezioni/sala_stampa/speciali/accordo_integrazione/accordi_e_brochure.html
The working visa and its renewal can be done 60 days before the expiry date and are issued within 20 days from when the application was first submitted, and only after pictures and fingerprints of the applicants have been taken. When applying for a working visa or its renewal there is a small charge. The renewal of the working visa is valid for no more than 2 years, in case of a permanent contract. In case of a temporary contract, the renewal of the working visa is valid for a year.
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What happens if the housekeeper is dismissed?
The employer must communicate the dismissal of the domestic worker through a written letter. Moreover, the employer must give minimum 8and maximum 30 days notice depending on the duration of the contract and the working hours. Even if the worker is dismissed, the visa is still valid. If the worker is dismissed or decides to leave the job, he/she can go to a Job Centre and enroll in the lists of people looking for a job. The visa will be valid until its expiry date and while looking for a job the worker will have a visa for a whole year.
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What happens in case the domestic worker returns to his/her country of origin?
In case the foreign worker returns for good to his/her country of origin, he/she will not be able to get back the money paid into INPS. However, he/she will be able to claim the pension when reaching 65 years of age.
Paper written by ASGI (Associazione per gli Studi Giuridici sull'Immigrazione)