What are input flows
Let's start by explaining what input flows are.
The "flow decree" was drawn up on the basis of the information provided by the Ministry of Labor and Social Policies on the state of employment and the number of foreigners registered on the job placement lists, as well as on the data concerning the actual job request provided from the Computerized Registry.
When determining the flows, it is also possible to establish preferential entry quotas for citizens belonging to those States with which Italy has specific bilateral agreements in place regarding the regulation of entry flows.
In compliance with the entry quotas, a right of precedence is also recognized, with regard to entry into Italy for work reasons, to foreigners who participate, in the countries of origin, in education and professional training activities established within specific programs approved by the Ministry of Labor and Social Policies.
The recent DL 23 December 2013, n. 145, converted, with amendments, by Law 21 February 2014, n. 9, provided for two exceptions to the aforementioned limit of entry quotas in favor of university researchers and highly qualified workers.
For the former, it will simply be necessary to stipulate a special reception agreement between the researcher and the research institute (registered in the list recognized by the Ministry of the University) with which the researcher undertakes to carry out the research project and the institute. undertakes to welcome the researcher. The residence permit for scientific research is requested and issued for the duration of the research program and allows the carrying out of the activity indicated in the reception agreement in the forms of subordinate work, self-employment or research grant.
The second exception concerns highly qualified foreign workers who intend to carry out paid work on behalf or under the direction or coordination of another natural or legal person and who possess a higher education qualification and the requirements established by law. Italian for the exercise of regulated professions.
Residence permit for subordinate work
The residence permit for subordinate work is issued by the Police Headquarters at the request of the non-EU worker who, having entered Italy following the authorization to work issued to the employer, has signed a special residence contract for work at the Sportello Unico for immigration.
This permit is valid for the duration of the job offer and in any case not exceeding one year for a fixed-term contract and not exceeding two years for a permanent contract.
Residence permit for seasonal work
The residence permit for seasonal work allows employment to be employed by companies that carry out an activity of a seasonal nature, essentially linked to agriculture or tourism.
The document is issued by the Police Headquarters at the request of the foreigner who, having entered Italy following a permit to work issued to the employer, has signed a special residence contract for seasonal work at the Single Desk for Immigration. The permit has a duration of no less than twenty days and no more than nine months, with no possibility of renewal beyond this maximum limit.
In the second season in Italy, the seasonal foreign worker who has received an offer of subordinate work, can apply to the Single Desk for Immigration to convert the residence permit for seasonal work into a permit for subordinate work, within the available quotas established by the Flows Decree.
The conversion application can also be presented in the absence of actual return to the country of origin, as recently established by the Ministry of the Interior in collaboration with the Ministry of Labor and Social Policies (Circular no. 6732 of 5/11/ 2013).
In consideration of the limited duration of the contracts as well as their specificity, the following forms of social security and compulsory assistance apply to foreigners holding a residence permit for seasonal work:
- invalidity, old age and survivors' insurance;
- insurance against accidents at work and occupational diseases;
- health insurance;
- maternity insurance.
What is the residence contract for subordinate work?
It is a real contract, provided for by Italian law, stipulated between the Italian or foreign employer legally residing in Italy and the worker, a citizen of a country not belonging to the European Union or a stateless person.
It is stipulated on the basis of:
- a guarantee from the employer for the availability of accommodation for the worker that falls within the minimum parameters established by law;
- the employer's commitment to pay the travel expenses for the return of the worker to the country of origin.
The residence contract for work is signed, within eight days from the entry into the national territory of the foreign worker, at the one-stop shop for immigration of the province in which the employer resides or has its registered office or where the work will take place.
The residence contract is no longer necessary for the request for renewal of the residence permit for work reasons.
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