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The Simplification Decree provides for various changes regarding the Flows Decree. In particular, the process of regularization and issuing of the permit for the subordinate work of foreign citizens is speeded up. The verification and verification operations are no longer the responsibility of the INL but of the labor consultants and employers’ organizations Flows Decree 2022 , the Simplification Decree provides for some innovations to speed up the procedures for issuing the permit for work and the verification of requirements.
The goal is to encourage foreign workers to enter the country, including seasonal workers, to make up for the lack of manpower , speeding up regularization operations .
The main novelty consists in the fact that the checks and verifications for the authorization can be carried out even after the start of work . The document will be issued within 30 days of the application and no longer 60.
The obligations for employers do not change, as they will have to guarantee the minimum parameters required by law and cover the costs of the return journey of workers.
Furthermore, the investigations will no longer be conducted by the National Labor Inspectorate but by Labor Consultants and employers’ organizations .Flows Decree 2022, the news on regularization and authorization
The Simplification Decree , no. 73/2022, was published in the Official Gazette no. 143 of 21 June 2022 . Articles 42 – 45 establish the new procedures relating to entry flows into the country for work , including seasonal ones.
In particular, the process of issuing the permit for foreign citizens entering Italy to work is simplified . Below are the changes introduced by the decree with the aim of speeding up the regularization of workers.
The authorization for subordinate work will be issued by the Immigration Desk within 30 days of the application, instead of 60, and above all it is granted even if the checks to verify the requirements have not been completed before.
If impediments emerge from the investigations, the authorization and entry visa will be revoked. The regularization process , therefore, will be carried out at the same time as the start of the work activity. The obligations of employers remain unchanged, they are required to:
ensure the availability of accommodation for the worker;
pay the cost of the return trip.
The innovations of the Simplification Decree also apply to foreign citizens for whom a direct application for an employment relationship has been submitted and who are present in Italy from 1 May 2022 .
The prerequisite is that they have undergone mugshot processes and have stayed regularly previously.
Flows Decree, the checks for the authorization are no longer up to the INL
The aim of the provision, therefore, is to speed up the entry and regularization process of foreign workers to cope with the lack of manpower.
In this regard, the Simplification Decree provides that checks for the issuance of the permit can be carried out even after the employment relationship has alreadyThe verification of the certification requirements is entrusted to the Labor Consultants and the most representative employers’ associations , therefore it will no longer be the task of the National Labor Inspectorate .
The assessments of congruity also concern the patrimonial capacity of the company, the economic-financial balance, the turnover, the number of employees, and the type of activity carried out.
In the event of a positive outcome, the appropriate declaration is issued that the employer must submit together with the request for employment of the foreign worker.
In any case, INL remains the possibility of carrying out random checks to verify compliance with the requirements and standards. The Inspectorate itself reiterates this in the press release of 28 June 2022. started.
