The so-called "Cutro Decree" (former DL 20 Marzo N. 23, later converted into Legge 5 maggio 2023 n. 50) introduced some changes to the procedures that allow foreign citizens to work in Italy and to what the authorization implies. These changes intend to unify the existing regulations, easing the hiring of people entering Italy for work reasons.
What happens after the designated immigration office (Sportello Unico Immigrazione) grants the work authorization? Is it possible to start working immediately?
The new regulations introduced in the Consolidated Text for Immigration (Article 6-bis) simplifications regarding the entry procedure. Now, foreigners who have entered Italy after being granted work authorization (“nulla osta”) can start working even if they are still waiting to sign the residence contract for work at the Sportello Unico Immigrazione.
What is the “asseverazione” that the employer has to produce?
Since the issue of the Decreto Flussi 2022, the employer is required to attach an “asseverazione” (hereinafter “asseveration”) to the documentation for work authorization. This asseveration is a document that certifies the employer's compliance with the prerequisites necessary for hiring foreign workers as per current regulations. It can be produced by professionals (labour consultants, accountants, lawyers, etc.) or employers’ organizations.
Therefore, under the new regulations, the verification needed to get through the clearance procedure must be done by certain categories of professionals and not by the National Labour Inspectorate anymore.
As clarified by the National Labor Inspectorate, these verifications also include:
- The regularity of the collective bargaining agreement;
- The adequacy of the number of applications;
- The company's capital capacity, economic-financial balance, sales and number of employees;
- The line of activity of the company.
If the verifications have a positive outcome, the asseveration is issued, and the employer can send it to the Sportello Unico Immigrazione along with the application for the foreign worker's employment.
Is the asseveration always required?
Not if the clearance application has been submitted by employers' organizations which have signed a special memorandum of understanding with the Ministry of Labor and Social Policy, which assures that their members comply with the requirements otherwise subject to asseveration.
What happens after the application is submitted? How long is the wait for the issuance of the work authorization?
Starting with the Decreto Flussi 2022, later modified by the Cutro decree, a sixty-day time limit has been introduced. If, within this time, no obstructive elements are found by the competent police headquarters, and no other prerequisites are missing (especially the maximum limit of permitted entries), the Sportello Unico Immigrazione automatically issues the clearance for the hiring (whether fixed-term or open-ended) of a foreign worker. The clearance is not automatically issued if the requests exceed the available quotas. These exceeding requests, if reiterated, might be re-examined with priority when new quotas will be available through new decrees.
What happens if subsequent verifications show that the work authorization was mistakenly issued?
In case obstructive elements are found by the Police Headquarters or by the National Labor Inspectorate during their spot checks, the work authorization, the residence permit, and the visa will be revoked, and the residence contract terminated.