Tuesday, May 21st

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Legal questions and answers Italy

Decreto flussi: I'm unable to fill in the online application form. What can I do?

Question: I don’t know how to use internet. This makes it impossible for me to prepare and submit the online application for authorization to work. What can I do?

Answer: The application for authorization to work (nulla osta) must be submitted by the employer who must register on the website of Ministry of Home Affairs by providing his/her personal data.

At the same time, Ministry of Home Affairs has signed an agreement with the main trade unions (sindacati) and Benevolent Institutions (patronati) as well as with professional associations to help with the preparation and submission of applications on behalf of employers. You can therefore go to any of those offices and they’ll help you submit your application.

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Decreto flussi: I applied in 2007 without success. Can I apply again?

Question: I applied for authorisation to work (nulla osta) when the Quota Agreement (Decreto flussi) was published in 2007, but so far I’ve not received any reply. Can I submit a new application under the newly published Quota Agreement?

Answer: Yes, you can submit a new application. The fact that your previous application was not successful doesn’t necessarily mean that there was a problem with it. May be it wasn’t successful because by the time the Ministry of Home Affairs received it all the quotas had been given out.

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Decreto flussi: Can I apply for a worker who has been expelled from Italy?

Question: Hi, I’d like to apply for authorization to work (nulla osta) for a foreigner who was expelled from Italy last year. Will the application be accepted? Thanks.

Answer: A person who has been given an expulsion order cannot re-enter Italy before a period of ten years elapses, unless the person has been issued a special permission by the Ministry of Home Affairs. Since the person you’d like to invite to Italy for work was expelled last year, the application will be rejected.

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Decreto flussi: Domestic work - Levels and Pay

The only category of domestic worker one can hire without proving to have any source of income is the caregiver (badante). In fact if one would like to apply for authorisation to work (nulla osta) for a caregiver (badante) for him/herself, or for a family member who is seriously sick and is not self-sufficient, then the employer doesn’t need to prove that he/she has any source of income (there is no minimum income requirement). The employer must however, present the medical certificate from a doctor or ASL showing that the person to be assisted is not self-sufficient.

In case of application for authorisation to work for all other categories of domestic workers, one must prove to have an income that is twice the annual pay of the worker, plus the social security contributions.

By submitting the application for authorisation to work, the employer of the domestic worker makes a commitment to pay the worker a salary that is not lower than the amount established by the National Collective Agreement for domestic workers. In any case the salary cannot be lower than the amount of social allowance (assegno sociale) which is 417,30 Euros per month.

The work contract cannot be for less than 20 hours per week. The employer must also ensure that the worker has suitable accommodation that meets the basic health standards set by the law. This must be proved by presenting the certificate of suitable accommodation issued by the competent offices from the employer’s City Council of residence or local health offices (ASL).

The worker’s monthly pay is determined by adding part of the 13th month salary and part of the severance pay (trattamento di fine rapporto). And if the worker is living-in with the employer, then food and accommodation allowance must also be added, as established by the National Collective Agreement for domestic workers.

If the worker is hired full time, the basic salary is that established by the National Collective Agreement for domestic workers and it varies depending on the worker’s level and whether he/she is living-in with the employer.

The National Collective Agreement for domestic workers is used to identify the worker’s level. Here’s a summary of the levels:

Level A: workers who don’t give personal assistance; with no professional experience or with less than a year’s experience, who perform common, manual or heavy duty services under the employer’s direct supervision (Livello A - colf senza esperienza)

Level AS: workers who keep company to self-sufficient persons, without performing any task; babysitters with occasional tasks of mere vigilance of children (Livello AS o A Super:  colf che occasionalmente assistono i bambini)

Level B: custodians; ironing hands; waiters; gardeners; drivers; qualified labourers (Livello B: Autisti, giardinieri, ecc)

Level BS: assistants to self-sufficient persons (elderly or children) who also attend to housekeeping and cooking chores (Livello BS: baby sitter e badanti che assistono persone autosufficienti)

Level C: workers with specific skills, both theoretical and technical, who perform their tasks with full autonomy and with full responsibility such as cooks, in charge of cooking and purchasing raw materials (Livello C: Cuochi)

Level CS: aides to non-self sufficient persons, without any professional qualification (caregiver - badante) who also attend to housecleaning and cooking chores (Livello CS - C Super- badanti che assistono persone non autosufficienti)

Level D: workers who hold professional qualifications in their field of work and who attend to the household management and organization with full responsibility

Level DS: assistants to non-self sufficient persons, who hold professional qualifications e.g. qualified nurses, geriatric assistants, household managers (Livello DS: badanti in possesso di un valido attestato)

Basic monthly pay for a worker living-in with employer

Level A: €572,71  
Level AS: €676,84   
Level B: €728,91   
Level BS: €780,97  
Level C: €833,04  
Level CS: €885,10  
Level D: €1.041,30 + indemnity €153,98
Level DS: €1.093,36 + indemnity €153,98
 
Basic hourly pay for a worker not living-in with employer

Level A: €4,16
Level AS: €4,90
Level B: €5,21
Level BS: €5,52
Level C: €5,83
Level CS: €6,13
Level D: €7,08
Level DS: €7,39

To the above pay, the employer must add part of the 13th month salary, part of the severance pay (trattamento di fine rapporto) and food and accommodation allowance (only for the worker living-in with the employer).

Examples of how the required income is determined

Example 1: In order to hire a domestic worker of Level A, who works for 25 hours per week, and ensuring that the worker’s salary is not lower than the amount of social allowance, the employer must have an annual income that is not lower than €17,158. This is because the worker’s salary is half this amount.

Example 2: In order to hire a domestic worker of Level A, who works for 20 hours per week, and ensuring that the worker’s salary is not lower than the amount of social allowance, the employer must have an annual income that is not lower than €17,332. This is because the worker’s salary is half this amount. Please note that this amount is slightly lower than that required to hire a worker who works for 25 hours per week because the employer in this case pays slightly less social security contributions.

As you prepare the application for authorisation to work for your domestic worker, you should ensure that your annual income is not lower than the above.

It is also important to note that the income being referred to in the application forms is the gross annual income for the year 2009 which was declared to the authorities in 2010 through telematic submission of CUD, 730 or UNICO.

If the employer’s income doesn’t reach the required amount, then he/she can combine his/her income to those of other family members within the first grade (parents and children), whether they are living together or not. This must clearly be stated in the application forms, in the section titled “redditi integrativi” (additional income).

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Decreto flussi: Can the employer be different from the assisted person?

Question: I’m planning to apply for authorization to work (nulla osta) for a caregiver to assist my mother who is sick and not self-sufficient. I read on your website that if the employer would like to hire a caregiver (badante) for him/herself, or for a family member who is seriously sick and is not self-sufficient, then the employer doesn’t need to prove that he/she has any source of income (there is no minimum income requirement). Does this mean that the employer submitting the application for a caregiver can be different from the person to be assisted?

Answer: Yes, the employer submitting the application for a caregiver can be different from the person to be assisted. It is however, necessary for the employer to include in the application form, the name of the person to be assisted. The employer will also be required to present the medical certificate from a doctor or ASL showing that the person to be assisted is not self-sufficient.

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