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08 November 2023

Is asseveration necessary when hiring a domestic worker? What about consulting the employment centre?


Answers to frequently asked questions on the 2023-25 Flows Decree

The Flows Decree (Decreto Flussi) 2023-25 established a quota of 9,500 entries per year for the hiring in the family and socio-healthcare sectors of foreign workers residing abroad. For all the details, go to the dedicated focus.

 

Does an individual who intends to hire a domestic worker within the aforementioned quotas need to verify if workers already present in Italy are not available?

Yes, even for the domestic sector, it is necessary to go through the Employment Centre before sending the employment application.

Before sending the request for work authorisation, the employer must check with the competent Employment Centre that no other workers residing in the national territory are available for the job. This verification must be done by sending a request to the Employment Centre using the form prepared by ANPAL.

The authorisation may, therefore, only be requested if:

a) The Employment Centre does not reply within fifteen working days from the date the question is sent;

b) The worker selected by the Employment Center is not considered suitable for the job by the employer;

c) The worker selected by the employment centre doesn't show up for the selection interview within twenty working days from the date of the request, unless they have a valid reason.

 The circumstances above must be proven by a self-certification (click here for the form) that the employer must attach to the work authorisation application.


Does the private who intends to hire a domestic worker need to produce the asseveration?

Yes, it is necessary to produce the asseveration. It is the document through which professionals (employment consultants, accountants, lawyers, etc.) or employers' organisations certify compliance with the prerequisites required for recruiting foreign workers.

According to the latest rules, the verification of compliance with the contractual prerequisites for the employment of foreign workers is delegated to professionals and employers' organisations.  Random checks by the National Labour Inspectorate in cooperation with the Agenzia delle Entrate will also be conducted.

When filling out the application, should some original documents not be available, a declaration of commitment to deliver them must be uploaded for each one; in this case, the acquisition of the original documents will be eventually requested by the Sportello Unico for Immigration.

If the applications are sent by trade organisations which signed Protocols of Agreement with the Ministry of Labour and Social Policies, directly or on behalf of their members, the asseveration is not required.