Self-certification for admission of foreign workers

Categories: DLP Insights, Legislation, News | Tag: social shock absorbers, Employment & Labour Law

03 Oct 2023

Decree of the Italian President of the Council of Ministers (‘Decree’) of 6 July 2023 set out the guidelines for planning entry flows of foreign workers for the three-year period 2023-2025.

The Decree provides the criteria for determining new entry flows, setting a three-year quota of a total of 452,000 admissions for employees (both seasonal and not seasonal) and self-employed foreigners residing abroad. Of these, 136,000 are planned for 2023, 151,000 for 2024 and 165,000 for 2025. In addition, there is a three-year quota of 28,500 admissions for domestic workers and carers (9,500 for each year).

In addition, the Decree also establishes the deadlines for submitting applications for authorisations relating to the new quotas.

Under the Decree employers must conduct a search for personnel in Italy before making an application for authorisation for non-EU citizens. The definition of “unavailability of a worker within Italy” and the related reasons will be the subject of a ministerial circular that will be issued by the Italian Ministries of Labour, Tourism, Interior, Foreign Affairs and Agriculture. In any event, the employer will have to self-certify, by means of a declaration in lieu of affidavit, the reason justifying the unavailability of a worker already present in Italy to hold the same position.

As soon as the Decree is published in the Italian Official Gazette, it will be possible to identify the deadlines for submitting applications for authorisations under the new quotas for 2023.

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