Gli stranieri, le straniere e il lavoro precario. employment conditions. Foreign citizens and uncertain. guida per l orientamento ai diritti

Similar documents
FOREIGN CITIZENS AND UNCERTAIN EMPLOYMENT CONDITIONS: A HANDBOOK ON THEIR RIGHTS ITALIAN/ENGLISH

1. Employment-based Immigration Programmes and Temporary Labour Migration Programmes Assessing Foreign Labour Demand... 9

Law 14/2013, of 27 September 2013, on support for entrepreneurs and their internationalisation. TITLE V Internationalisation of the Spanish Economy

Comparative Study on the Employment of Foreign Nationals in France, Slovenia, Bosnia and Herzegovina (BiH) and Montenegro

Leave Means Leave Immigration policy

QUESTIONNAIRE FOR THE NATIONAL REPORT ON THE IMPLEMENTATION OF THE DIRECTIVE : LONG-TERM RESIDENTS OF 25 NOVEMBER 2003.

(1) The term the Commission of the European Communities ( 1 ) Position of the European Parliament of 18 April 2012 (not yet

A SUMMARY OF THE STUDY ON THE OPTIONS AND LIMITS OF COMPENSATION FOR TRAFFICKED PERSONS

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Official Journal of the European Union L 94/375

Prepared by Human Resources Sub-group Investment and Trade Working group

EMPLOYMENT AND WORK OF ALIENS ACT official consolidated text (ZZDT-UPB1) CHAPTER I GENERAL PROVISIONS

Unofficial translation by the Ministry of Interior / Hungarian National Contact Point of the European Migration Network

REPUBLIC OF SAN MARINO

ISSUE OF A RESIDENCY PERMIT FOR THE REACQUISITION OF ITALIAN CITIZENSHIP

By-Laws of the Asian Development Bank

CONSTITUTION OF THE CYCLE TOURING ASSOCIATION OF WESTERN AUSTRALIA (Inc.)

J-1 Exchange Visitor

PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 25 November /03 LIMITE MIGR 89

GUIDELINE 4: Incorporate migrants in prevention, preparedness, and emergency response systems

Ad-hoc query on admission of students to study at institutions of higher education. Requested by LT EMN NCP on 22 nd November 2010

BEC Seminar: News in the Immigration Law. Brno, 14 November Mgr. Tomáš Petyovský, Attorney at law

TABLE OF CORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT EC LEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENS WITHIN THE EU

Secretariat. United Nations ST/AI/2010/4/Rev.1. Administrative instruction. Administration of temporary appointments.

EUROPEAN SOCIAL CHARTER OF 1961 THE GOVERNMENT OF GREECE

OUTBOUND/GLOBAL IMMIGRATION PRACTICE CLIENT BULLETIN

StepIn! Building Inclusive Societies through Active Citizenship. National Needs Analysis ITALY. Host Countries Core Institutions

Schools HR Policy & Procedure Handbook

Immigration process for foreign highly qualified Indian professionals benchmarked against the main economic powers in the EU and other major

POLITECNICO DI MILANO GRADUATE SCHOOL OF BUSINESS ENROLLMENT DOCUMENTS HANDBOOK POLITECNICO DI MILANO SCHOOL OF MANAGEMENT

Labour Law of the Democratic Republic of Congo [DRC]

Public online consultation on Your first EURES job mobility scheme and options for future EU measures on youth intra-eu labour mobility

KNOW YOUR RIGHTS CAMPAGNE IN LOTTA COMITATO DEI LAVORATORI DELLE CAMPAGNE

ARTICLES OF ASSOCIATION

COUNCIL OF THE EUROPEAN UNION. Brussels, 18 March 2009 (OR. en) 17426/08 Interinstitutional File: 2007/0228 (CNS) MIGR 130 SOC 800

International Student Entrepreneurship: Immigration Options

Latest Ukrainian Immigration and Temporary Residents Permits Rules

TIER 1 (EXCEPTIONAL TALENT) Tier 1 (Exceptional Talent) of the Points Based System Policy Guidance

EXPOSURE DRAFT CUSTOMS AMENDMENT (CHINA-AUSTRALIA FREE TRADE AGREEMENT IMPLEMENTATION) BILL 2015 AMENDMENTS EXPLANATORY NOTE

Lao People s Democratic Republic. Peace Independence Democracy Unity Prosperity. Decree. on importing of foreign workers into Lao PDR

KNOW YOUR RIGHTS FOREIGNER WITH A RESIDENCE PERMIT OR EUROPEAN-UNION CITIZEN

3. ECONOMIC ACTIVITY OF FOREIGNERS

LEGAL STATUS OF FOREIGNERS IN SPAIN

Policies for High-skilled Immigrants

TERMS OF REFERENCE FOR LOCAL GOVERNING BODIES ACADEMY NAME: ONE

Published in the Official Gazette, Part I No 93 of January 31, 2004

J-1 Exchange Visitor

Immigration process for foreign highly qualified Brazilian professionals benchmarked against the main economic powers in the EU and other major

Ad-Hoc Query regarding transposition of the Directive 2011/98/EC on a single application procedure for a single permit

These notes refer to the Welfare Reform Bill as introduced in the House of Commons on 16 February 2011 [Bill 154] WELFARE REFORM BILL

Frequently Asked Questions (FAQs) on Work Permits. for Foreigners under International and Temporary Protection in Turkey

CARAVAN INDUSTRY ASSOCIATION WA (INC) - CONSTITUTION (A) CARAVAN INDUSTRY ASSOCIATION WESTERN AUSTRALIA INCORPORATED CONSTITUTION

UK EMN Ad Hoc Query on settlement under the European Convention on Establishment Requested by UK EMN NCP on 14 th July 2014

ACCESS TO INFORMATION LAW

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 3 February 2017

Frequently asked questions Directive Intra Corporate Transferees

INSTITUTE OF TRANSPORTATION ENGINEERS Texas District (TexITE) SOUTH TEXAS SECTION BY-LAWS

CALRE AWARD Stars of Europe

of 16 December 2005 (Status as of 1 February 2014) Chapter 1: Subject Matter and Scope of Application

Disclosure and Barring Service Policy (SHINE Multi Academy Trust)

Ad-Hoc Query on Residence Permit Cards. Requested by FI EMN NCP on 4 th May Compilation produced on 27 th September 2012

EFSI s contribution to the public consultation Equality between women and men in the EU

Shropshire Community Health NHS Trust Policies, Procedures, Guidelines and Protocols

The Application of Quotas in EU Member States as a measure for managing labour migration from third countries

Quarterly Labour Market Report. February 2017

REFERENCE AMOUNTS REQUIRED FOR THE CROSSING OF THE EXTERNAL BORDER FIXED BY NATIONAL AUTHORITIES

LAW ON WORK PERMITS OF FOREIGNERS. Law No: 4817 Date of Endorsement: 27 February 2003 PART ONE. Objective, Scope and Definitions

Ad-Hoc Query on the possibility and conditions for third-country national students to work after the complition of their higher education studies

Civil Service Act, B.E (2008)

JUDGMENT OF THE COURT (Fifth Chamber) 15 January 2002 *

Ad-Hoc Query on the possibility and conditions for third-country national students to work after the completion of their higher education studies

The relationship between status and migration transitions

TRIUMPH GROUP, INC. CORPORATE GOVERNANCE GUIDELINES

The Social cooperation in Italy and the CGM consortium experience. Pècs 18 October 2012

Official Journal L 018, 21/01/1997 P

THIRD REPORT ON THE NON-ACCEPTED PROVISIONS OF THE EUROPEAN SOCIAL CHARTER LITHUANIA

Healthcare Employer s. Guide to J-1 Visa Waivers

International Scholars at VSU on J and H Visa J Status H Status

UPDATE ON LAWS 2018 Kowit Somwaiya and Team LawPlus Ltd. 18 th Legal Seminar

Labour market integration of asylum seekers and refugees. Croatia

PEACE CORPS OPERATIONS PLAN IN THE ABSENCE OF CURRENT YEAR APPROPRIATIONS

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 12 February /13 Interinstitutional File: 2010/0210 (COD) LIMITE MIGR 15 SOC 96 CODEC 308

THE SOUTH AFRICAN IMMIGRATION LAW 2005

The Udine International School Foundation. The Statute

Instructions for Official Studies and Reports

GUIDE FOR NON-EU GUESTS LONG-TERM STAY OVER 3 MONTHS

Constitution of Spinal Cord Injuries Australia

COMPETITION CALL FOR ACCOMMODATION IN TEMPORARY RENTAL

L A W ON PUBLIC PROSECUTOR S OFFICE. Chapter One PRINCIPLES. Public Prosecutor s Office. Article 1

International Labour Organization C177. Home Work Convention, 1996 (No. 177) R184. Home Work Recommendation, 1996 (No. 184)

L 347/74 Official Journal of the European Union

General guidance on EFSA procurements

EUROPEAN EXTERNAL ACTION SERVICE

Implementation Plan for the Czech Youth Guarantee Programme

THE 2007 LAW ON THE RIGHT OF UNION CITIZENS AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY IN THE TERRITORY OF THE REPUBLIC

Attracting Highly Qualified and Qualified Third- Country Nationals to Italy

The Protection System for Asylum Seekers and Refugees (SPRAR)

MUNICIPALITY OF TRIESTE

Brexit and Immigration: An update on citizens rights. Withdrawal Agreement; Settlement Scheme; Future Immigration System

251 Labour Inspection Act of 3 May Parliament has adopted the following Act of the Czech Republic: PART ONE. Article 1

Transcription:

Italian/English Servizio politiche della pace, solidarietà e associazionismo Struttura stabile per gli immigrati Gli stranieri, le straniere e il lavoro precario 2 o update edition a handbook on their rights guida per l orientamento ai diritti 2 a edizione aggiornata Foreign citizens and uncertain employment conditions Servizio politiche della pace, solidarietà e associazionismo Struttura stabile per gli immigrati Italiano/inglese

Unione Italiana degli Immigrati del Friuli Venezia Giulia Via Ugo Polonio, 5-34125 Trieste tel +39 040 367800 - fax +39 040 367803 e-mail: immigrati@uilfvg.it - codice fiscale 90085500321 Finito di stampare nel mese di marzo 2008 presso la Tipografia Pellegrini-Il Cerchio, Udine Unione Italiana degli Immigrati del Friuli Venezia Giulia Via Ugo Polonio, 5-34125 Trieste tel +39 040 367800 - fax +39 040 367803 e-mail: immigrati@uilfvg.it - codice fiscale 90085500321 Finito di stampare nel mese di marzo 2008 presso la Tipografia Pellegrini-Il Cerchio, Udine

FOREIGN CITIZENS AND UNCERTAIN EMPLOYMENT CONDITIONS: A HANDBOOK ON THEIR RIGHTS 2 updated edition ITALIAN/ENGLISH 1

Table of contents Foreword to the second edition 3 Background 4 Italian Labour Law concerning Foreign Citizens 7 Subordinate Uncertain Employment 1. On-and-Off Employment Contract 9 2. Job-Sharing Contract 9 3. Seconded Employment Contract 10 4. Training Scheme Contract 11 5. Insertion Contract 12 Parasubordinate Uncertain Employment 6. Professional Contribution Partnership Contract 13 7. Cooperation Contract on a Project-Basis 14 Casual Uncertain Self-employment 8. Casual Employment Contract 15 9. Incidental Employment Contract or Job-Vouchers 16 Abbreviations and Acronyms In this handbook, the following abbreviations and acronyms have the following meanings: EV = Entry Visa; RP = Residence Permit; NHS = National Healthcare Service; CCNL = National Collective Employment Contract. Editor: Michele Berti (Un.It.I. of Friuli Venezia Giulia) Translation: Monica Gennari Credits Un.It.I. of Friuli Venezia Giulia thanks the staff of the Immigration Office of the Police Headquarters of Trieste and the staff of the Labour Helpdesk of the Province of Trieste for their valuable advice and suggestions for the second edition of this handbook. Latest update: 25 th February 2008 2

Foreword to the second edition This second edition is the result of the changes the government has introduced in the labour policies when Parliament adopted Act n. 247 of 24 th December 2007 Implementing regulation of the Protocol dated 23 rd July 2007 on social security, labour policies and competitiveness aiming at fostering sustainable equality and growth as well as additional rules on labour policy and social security. This edition aims at providing updated information and useful guidelines on major changes, such as the abolition of the on-call employment contract. Un.It.it of Friuli Venezia Giulia intended to publish a much more extended version, especially in the light of the Amato-Ferrero bill whereby the government was to amend the Bossi- Fini Act, introducing significant changes in the legislation on immigration, also concerning labour policies on foreign citizens. However, as the government fell before the end of the 15 th term, the adoption of this reform has been postponed. The first edition of this handbook, published in the main languages spoken in the region, had a great success among foreign citizens living in Friuli Venezia Giulia, who used it as a reference in labour issues. Adding to this, the handbook contributed to highlighting a significant inconsistency in the Italian legal system. On one hand, this system has rightly laid increasing emphasis on the fight against discrimination, while, on the other, foreign citizens (just because they are not EU citizens) cannot use some labour contracts which have been introduced as a response to the changing needs of the Italian labour market. In underlining this inconsistency which is not an isolated case in the legislation on immigration and which is far from been settled, it s clear that much has still to be done in the policies against discrimination. Perhaps, as a result of this kind of awareness, the third edition of this handbook hopefully will outline a brilliant solution to this issue. The Managing Board Un.It.I of Friuli Venezia Giulia 3

Background The wide range of employment contract types currently available in the Italian labour market many of them were introduced with the Biagi Act (Legislative Decree n. 276 of 10 September 2003, and subsequent amendments and supplements) may produce adverse effects on the lives of foreign citizens living or wishing to live in Italy. These different types of contracts, while allowing employers to save on labour costs, are also the source of an apparent uncertainty (insecurity and unsteadiness) in the living conditions of the workforce, which in turn are affected by the employment contract type. It must also be added that Italian citizens try to avoid such contracts notoriously unfavourable, as they lead to uncertainty which therefore tend to be offered to foreign workers. Italian citizens working under these contracts causing uncertainty are likely to see a decrease in their income and in their welfare benefits. However, the risk is much higher for foreign citizens, as their migration plans may be jeopardised or disrupted at the very outset, with serious personal social and economic consequences. The Italian legislation on foreign citizens, known as Bossi-Fini Act (Legislative Decree n. 286 of 25 th July 1998, amended by the Act n. 189 of 30 th July 2002 and subsequent supplements), regulates and therefore allows subordinate employment (including seasonal employment) as well as selfemployment. However, under the law, for entry and residence permit applications to be held eligible, foreign citizens must prove to have an income equal or exceeding the annual social unemployment benefits (usually granted with a job of at least 20 hours a week in line with the minimum wage under any CCNLs). For some self-employment entry and residence applications, foreign citizens must prove to have an income at least equal to the threshold for the exemption from health costs. Therefore, all uncertain employment contract types, not suitable to guarantee a minimum revenue for workers, may not be enough for foreign citizens, if this is their only source of income. Finally, access to some fundamental rights (obviously also applicable to foreign citizens) such as healthcare assistance under the national healthcare service or housing under the same conditions of Italian citizens, or the allocation of residential units in the public housing sector often depends on one condition: to have a job, as defined in the legislation on foreign citizens. On top of that due to cultural and linguistic differences and also due to the difficulties in the face of the Italian public administration most foreign citizens are not very familiar with the law 4

regulating their entry and residence in Italy, and therefore, when foreign citizens are offered uncertain employment contracts, they are clearly faced with a very dangerous situation. And such situation is far from being an exception. Against such background, this handbook especially written for foreign citizens who work or wish to work in Italy is aimed at informing them, and helping them to overcome the interpretation problems of the Bossi-Fini Act that many of them are not familiar with, with a view to making them more aware and better equipped to access the labour market in full compliance with the requirements they need to meet under the law. This handbook, however, is not a legal or technical insight study on workers rights and obligations. Adding to that, in an area where definitions are never comprehensive and consistent, this handbook is based on some criteria aimed at identifying relevant issues, and it is meant to provide readers with useful tools to find references and master this complex matter. The main uncertain employment contracts valid in the Italian labour market are assessed, making a distinction between subordinate employment, on one hand, and parasubordinate and casual self-employment on the other; this handbook also includes descriptions of each contract, assessing the eligibility of foreign citizens only for the contract type under assessment to: a. obtain a work-entry visa and the first work-residence permit; b. extend the work-residence permit; c. convert a residence permit, legally issued for other reasons, into a work-residence permit; d. obtain a EU long-term residence card; e. register in the national healthcare service; f. apply for public housing units under the same conditions applied to Italian citizens. Finally, a word of caution. First of all, please note that the above six types of applications analysed in this handbook for each employment contract do not concern EVs and RPs issued for seasonal subordinate employment and for special reasons, i.e. those not included in the annual quota set in the Immigration Flows Decrees. The reason is that this is just a marginal area and also because these types of EVs and RPs do not allow foreign citizens or at least with very few exceptions to stay in the country of their choice all their lives, if so they wish. Secondly, the uncertain employment issue has not been thoroughly regulated by the Home Ministry and the Ministry for Social Solidarity, which are directly responsible for immigration policies. Therefore, after the 5

publication of this handbook, some major changes may be made to the regulations in force, and that may also have an impact on the contents of this handbook. Readers are strongly advised to check updates on more readily available sources, such as the UIL website http://www.uil.it, where there s a constantly updated list of regulations. Finally, readers must also be aware that decentralised agencies of the Home Ministry (such as police headquarters or immigration helpdesks in the prefectures/decentralised governmental agencies) and regional or provincial labour agencies may not be consistent in their replies on uncertain employment matters, as this area is not regulated comprehensively. Finally, it must be noted that courts do not always consider insufficient income as an obstacle to the acknowledgement of the right to stay in Italy to foreign citizens. In recent years, many rulings on specific cases obliged police headquarters to release or renew residence permits that had been previously rejected exactly because these foreign citizens were prevented from complying with the requirement of the minimum income set by the law. 6

Italian Labour Law concerning Foreign Citizens The Bossi-Fini Act makes the following distinction in the employment activity of foreign citizens: a) Subordinate employment (also on a seasonal basis) and b) Self-employment. In the Legislative Decree n. 286, subordinate employment is defined as the worker s activity having the following features: the worker must comply with the subordination requirement in terms of organisation, hierarchy and rules as directed by his/her employer; the worker must devote his/her professional energy as directed by his/her employer in terms of time, location and implementation of his/her professional tasks; the worker must use the means and tools provided by his/her employer. In Italy, subordinate employment basically takes the form of different employment contracts which are applicable to workers employed in a variety of economic sectors (metal & steal, textile, agriculture, construction, etc.), also known as CCNLs national collective employment contracts all having the three features indicated above. On the other hand, in the Legislative Decree n. 286, self-employment is defined as all other types of employment not having the above features, and among them non-casual employment only ensure legal entry to foreign citizens. Therefore, self-employment includes: entrepreneurial activity (including companies, partnerships and sole-owner firms); freelance activity; parasubordinate employment or equivalent forms of employment; casual employment contracts. In the Italian labour market, another important difference concerns: a) steady or regular employment and b) uncertain employment. Steady or regular employment means subordinate employment: workers have guarantees in terms of duration, which may be indefinite or fixed for a certain period of time but always long term and a minimum revenue. The most common form is the subordinate employment contract 7

which may either have an indefinite or fixed duration and may also be either full-time (hours are set in the CNNL) or part-time (the number of hours is lower than the standard number set in the CNNL). On the other hand, uncertain employment includes all those subordinate and parasubordinate employment, self-employment and casual employment contracts which on the contrary by their very nature do not guarantee workers a long-term duration and a minimum revenue. This handbook is about uncertain employment types and contracts: in terms of both subordinate employment and self-employment, parasubordinate and casual employment. 8

1. On-and-Off Employment Contract On-and-off employment concerns a specific employment contract for tourism and the show business sectors only; the employer requires workers to perform their jobs in specific periods only, when, for instance, there s an increase in the workload and the employer temporarily needs an extra number of workers. This contract applies in the following cases: a) over the weekend; b) public holidays; c) school breaks; d) in other cases including the provision of specific services with a duration not exceeding three days. Workers are paid exclusively on the basis of the actual number of working days and they can t predict how much they will earn as they might not know for how many days they are required to work; the employer is not always obliged to guarantee workers a minimum number of working days. Under Act n. 247 of 24 th December 2007, this contract may only be used if indicated and regulated in National Collective Employment Contracts (CCNLs) between employers and trade unions. In particular, CCNLs set the limits in terms of duration and availability. Note: At the time this handbook was published, no relevant CCNL mentioned this opportunity. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: UNCERTAIN (no specific rules exist on this type of contract). b. Eligibility to extend subordinate employment RP: DEPENDING ON THE CASE (employers must guarantee foreign workers, adding working days and availability allowance, an income at least equal to the annual social benefits, i.e. 5.142,67, at 2008 prices). c. Eligibility to convert a RP legally issued for other reasons into a subordinate employment RP: DEPENDING ON THE CASE (the requirement described in b. must be complied with). d. Eligibility to obtain a long-term RC: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP that may be extended indefinitely; this requirement is met if the contract has an indefinite duration and if the requirement described in b. is complied with). e. Eligibility to register in the NHS: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP; this requirement is met if the requirement described in b. is complied with). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: UNCERTAIN (foreign citizens must have a subordinate employment RP valid for at least two years; this requirement is 9

met if this contract is indicated in CCNLs with an indefinite duration; in case foreign citizens have this kind of contract, the requirement in b. is met). 10

2. Job-Sharing Contract Job-Sharing concerns a specific subordinate employment contract, having either an indefinite or fixed duration, whereby two workers have one job. Workers agree on the weekly number of hours shared between them (changes in hours sharing may be made at any time by mutual agreement) and they notify their arrangement to their employer, they have a joint obligation to guarantee the performance of their professional tasks to their employer. If one of them resigns or is dismissed, the contract terminates, except that by agreement with the employer the other worker may decide to continue alone, either part-time or full time, taking over the whole professional performance. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: UNCERTAIN (no specific rules exist on this type of contract and there s no evidence of foreign citizens applying for EVs on the basis of such contract). b. Eligibility to extend subordinate employment RP: DEPENDING ON THE CASE (foreign citizens must be guaranteed at least 20 hours a week with an income at least equal to the annual social benefits, i.e. 5.142,67, at 2008 prices). c. Eligibility to convert a RP legally issued for other reasons into a subordinate employment RP: DEPENDING ON THE CASE (the requirement described in b. must be complied with). d. Eligibility to obtain a long-term EU RC: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP that may be extended indefinitely; this requirement is met if the contract has an indefinite duration and if the requirement described in b. is complied with). e. Eligibility to register in the NHS: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP; this requirement is met if the requirement described in b. is complied with). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP valid for at least two years; this requirement is met if the contract has an indefinite duration and if requirement described in d. is complied with). 11

3. Seconded Employment Contract Seconded employment concerns a specific subordinate employment contract between employer (employee leasing agency) and worker, who is seconded to carry out his/her professional tasks for a beneficiary (also defined as user ) which has entered a trade contract with the leasing agency. Usually, the user requires the provision of staff from the leasing agency to meet a temporary need for workers without hiring new staff. The contract between worker and leasing agency may either have a fixed duration or an indefinite duration (the contract is valid also after the expiry/termination of the contract between the leasing agency and users, and the leasing agency will second the worker to a different user). Under indefinite duration contracts, the leasing agency pays an availability allowance to the workers who temporarily are not seconded. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: UNCERTAIN (no specific rules exist on this type of contract. In case of registered nurses seconded in public and private healthcare organisations, who obtain a work-ev outside the quotas established in the Flows Decrees, the leasing agency may require an authorisation to hire them only upon presentation of a copy of the contract signed with the user). b. Eligibility to extend subordinate employment RP: DEPENDING ON THE CASE (the leasing agency must guarantee foreign workers, adding working days and availability allowance, an income at least equal to the annual social benefits, i.e. 5.142,67, at 2008 prices). c. Eligibility to convert a RP legally issued for other reasons into a subordinate employment RP: DEPENDING ON THE CASE (the requirement described in b. must be complied with). d. Eligibility to obtain a long-term EU RC: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP that may be extended indefinitely; this requirement is met if the contract has an indefinite duration and if the requirement described in b. is complied with). e. Eligibility to register in the NHS: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP; this requirement is met if the requirement described in b. is complied with). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: DEPENDING ON THE CASE (foreign citizens must have a subordinate employment RP valid for at least two 12

years; this requirement is met if the contract has an indefinite duration and if the requirement described in d. is complied with). 13

4. Training Scheme Contracts There are 3 different types of training scheme contracts, these are special subordinate employment contracts between employer and employee (trainee); to qualify, workers must be depending on the type of training above 15 and under 29 years of age. Training scheme contracts have a so called mixed object, i.e. the consideration between employer and employee include both the professional performance and the training that the employer must provide to the trainee. On a weekly basis, a number of hours is devoted to the professional tasks, and a number of hours is devoted to both theoretical and practical training. All hours are paid. However, the employer may pay a salary which is two levels lower than the actual tasks the trainee is carrying out. The salary is lower than the standard equivalent of a subordinate employment contract, and therefore the employer saves significantly on labour costs. At the end of the training period (which may vary depending on the type of training, but it cannot exceed 6 years), save as the employer may terminate the contract, this contract turns into a standard subordinate employment contract having an indefinite duration. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: UNCERTAIN (no specific rules exist on this type of contract and there s no evidence of foreign citizens applying for EVs on the basis of such contract). b. Eligibility to extend subordinate employment RP: YES. c. Eligibility to convert a RP legally issued for other reasons into a subordinate employment RP: YES. d. Eligibility to obtain a long-term EU RC: YES. e. Eligibility to register in the NHS: YES. f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: NO (trainees/foreign citizens cannot obtain a subordinate employment RP valid for at least two years, as the training period is time-limited). 14

5. Insertion Contract The insertion contract is a special subordinate employment contract having a fixed duration and aiming at providing access or new access to the labour market for special categories of workers, on the basis of an individual project designed to adapt the worker s skills to specific working environments. Such categories are: a) people above 18 and under 29 years of age; b) long-term unemployed workers between 29 and 32 years of age; c) unemployed workers above 50 years of age; d) workers wishing to start working again and not working for at least two years; d) women of any age living in Italy in areas where women employment rate is at least 20% lower than the men employment rate, or where women unemployment rate exceeds men unemployment rate by 10%; f) people with serious physical or mental or psychological disabilities. Employers may pay a salary which is two levels lower than the standard subordinate contract level, thus saving significantly on labour costs. The insertion contract must have a duration between 9 months and 18 months, or 36 in certain cases, and cannot be extended. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: UNCERTAIN (no specific rules exist on this type of contract and there s no evidence of foreign citizens applying for EVs on the basis of such contract). b. Eligibility to extend subordinate employment RP: YES. c. Eligibility to convert a RP legally issued for other reasons into a subordinate employment RP: YES. d. Eligibility to obtain a long-term EU RC: YES. e. Eligibility to register in the NHS: YES. f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: NO (foreign citizens cannot obtain subordinate employment RPs valid for at least two years; as the insertion contract is time-limited). 15

6. Professional Contribution Partnership Contract The professional contribution partnership contract is a parasubordinate self-employment contract, having either an indefinite or fixed duration. Under such contract, the entrepreneur (employer) transfers part of his/her company profits to workers (associates) in consideration for work. Workers carry out their tasks with a limited independence and are not certain to receive an income: if no profits are made, workers do not receive any payment. Workers, unless otherwise agreed, also bear losses to the extent they receive profits. At practical level, this is a parasubordinate activity. This contract requires the employer to pay benefits on behalf of the worker, but to a lesser extent that under subordinate employment contracts. a. Eligibility to obtain a subordinate employment EV and the 1 st subordinate employment RP: DEPENDING ON THE CASE (the entrepreneur must guarantee foreign workers an income at least equal to the threshold for the exemption of healthcare costs, i.e. 8.263,31 *, at 2008 prices). b. Eligibility to extend self-employment RP: DEPENDING ON THE CASE (the entrepreneur must guarantee foreign workers a revenue at least equal to the annual social benefits, i.e. 5.142,67, at 2008 prices). c. Eligibility to convert a RP legally issued for other reasons into a selfemployment RP: DEPENDING ON THE CASE (the requirement described in a. ** must be complied with). d. Eligibility to obtain a long-term EU RC: DEPENDING ON THE CASE (the requirement described in b. must be complied with). e. Eligibility to register in the NHS: DEPENDING ON THE CASE (foreign citizens must have a self-employment RP valid for at least two years; this condition is fulfilled if the contract has an indefinite duration and the requirement described in a. is complied with*). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: DEPENDING ON THE CASE (foreign citizens must have a self-employment RP valid for at least two years; this condition is fulfilled if the contract has an indefinite duration and the requirement described in a. is complied with*). * The Ministry for foreign affairs has identified this value as 8.400,00, the underlying reasons have not been disclosed. ** The Ministry for domestic affairs has identified this value as 8.500,00, the underlying reasons have not been disclosed. 16

7. Cooperation Contract on a Project-Basis The cooperation contract on a project-basis is a contract covering a cooperation on a regular basis for the implementation of a project (or part of a project). Therefore, it s a parasubordinate self-employment contract having a fixed duration, i.e. its duration is the same as the project. The parties are: the principal (employer) and the agent (worker) who is appointed to perform a job under the coordination and the organisation of the employer, with the aim of implementing the project (or part of the project), as defined by the employer and therefore some continuity is required. The worker must carry out his/her tasks, organising the work independently, payment is not by the hour, the worker does not have his/her organisation and he/she is not subject to the subordination requirement. Under this contract, the employer must pay welfare benefits for workers, but to a lesser extent than the amount due under subordinate employment contracts. a. Eligibility to obtain a self-employment EV and the 1 st self- employment RP: UNCERTAIN (the employer must guarantee an annual income at least equal to the limit for the exemption from the healthcare contributions, i.e. 8.263,31 *, 2008 prices. However, this contract is not included in the Flows Decrees of 2007 among those covering self-employment, therefore many police headquarters, consulates or embassies may not issue the authorisations on entry and entry visa to foreign citizens wishing to work in Italy under this contract). b. Eligibility to extend self-employment RP: DEPENDING ON THE CASE (the employer must guarantee foreign workers an income at least equal to the annual social benefits, i.e. 5.142,67, at 2008 prices). c. Eligibility to convert a RP legally issued for other reasons into a selfemployment RP: DEPENDING ON THE CASE (the employer must guarantee an annual income at least equal to the limit for the exemption from the healthcare contributions, i.e. 8.263,31 **, 2008 prices). d. Eligibility to obtain a long-term EU RC: DEPENDING ON THE CASE (The requirement described in b. must be complied with). * The Ministry for foreign affairs has identified this value as 8.400,00, the underlying reasons have not been disclosed. ** The Ministry for domestic affairs has identified this value as 8.500,00, the underlying reasons have not been disclosed. 17

e. Eligibility to register in the NHS: UNCERTAIN (foreign citizens must have a self-employment RP; this condition is fulfilled if these citizens have a self-employment EV). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: NO (foreign citizens cannot have selfemployment RPs valid for at least two years, as this contract is timelimited). 18

8. Casual Employment Contract Casual employment is a self-employment contract having a fixed duration. The parties are: the contractor (employer) and the provider (employee) who s appointed to carry out job, on an irregular basis, as a result of the employer s occasional needs, within a limit of 30 days in a calendar year and a minimum revenue of 5.000,00 in the same year. The employee carries out his/her task independently (i.e. not subject to the subordination criteria), his/her sole obligation is the compliance with the deadline. Upon expiration, the parties may subscribe another contract of the same type in the same calendar year. a. Eligibility to obtain a self-employment EV and the 1 st self- employment RP: NO (under the law, EVs cannot be obtained on the basis of casual selfemployment). b. Eligibility to extend self-employment RP: NO (under the law, casual selfemployment alone is not enough to obtain legal residence in Italy). c. Eligibility to convert a RP legally issued for other reasons into a selfemployment RP: NO (see point b.). d. Eligibility to obtain a long-term EU RC: NO (foreign citizens are not eligible to obtain self-employment RPs with this contract only). e. Eligibility to register in the NHS: NO (see point d.). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: NO (see point d.). 19

9. Incidental Employment Contracts or Job-Vouchers Incidental Employment or Job-Vouchers are casual self-employment contracts, having a fixed duration, for categories at risk of social exclusion, or categories that have never accessed or are at risk of being excluded from the labour market. The parties are: the beneficiary (employer) and the provider (worker) belonging to the following categories: a) unemployed workers for over one year; b) housewives, students and retired people; c) disabled people or people in rehabilitation centres; d) foreign citizens, legally resident in Italy, being unemployed for six months. The job may be domestic work, including child care and assistance to elderly people; gardening work, cleaning and maintenance of buildings or historic sites; implementation of social, sports, cultural or charitable events; cooperation with public bodies and volunteers associations for emergency or charitable work. Candidates may apply to public job centres or employment agencies. When the job is carried out, the beneficiary provides workers with jobvouchers, having a nominal value of 7,50 each. When workers hand in such vouchers to the Labour Ministry offices, he/she will receive 5,80 for each voucher. The beneficiary will pay 1,50 for welfare benefits and accident insurance for each worker. Note: The Labour Ministry has not yet issued the implementing regulations for this kind of employment. a. Eligibility to obtain a self-employment EV and the 1 st self- employment RP: NO (under the law, EVs cannot be obtained on the basis of casual selfemployment). b. Eligibility to extend self-employment RP: NO (under the law, casual selfemployment alone is not enough to obtain legal residence in Italy). c. Eligibility to convert a RP legally issued for other reasons into a selfemployment RP: NO (see point b.). d. Eligibility to obtain a long-term EU RC: NO (foreign citizens are not eligible to obtain self-employment RPs with this contract only). e. Eligibility to register in the NHS: NO (see point d.). f. Eligibility to apply for public housing units under the same conditions applicable to Italian citizens: NO (see point d.). 20