Among the changes foreseen by the decree there is also a transitional provision that allows the employer to declare his irregular employees within a time window established after the publication of the new rules, thus starting the regularization process and giving life, in fact, to a small full amnesty.The approval of the legislative decree passed last July 6 definitively, probably, could give an incisive turn to the management of the migration flow in Italy.
The decree, approved on the proposal of the Minister for European Affairs and the Minister of Labor, transposes the European Union legislation on the matter: it concerns the European directive of the 2009 (2009 / 52 / CE) on the “minimum norms related to sanctions and to measures against employers who employ illegally staying third-country nationals ”.
What are the expected changes, specifically? Obstructed the exploitation of irregular immigrants, with embittered penalties for those who occupy them in an irregular condition, the decree provides for the possibility of a residence permit for six months, renewable, if the illegal immigrant denounces the employer: for the first time It also offers the worker the opportunity to regularize his or her condition. Another great novelty is then represented by the transitional provision, which allows the employer to declare his irregular employees within a time window established after the publication of the new rules, starting so the regularization process.
The 2009 / 52 / CE Directive, and therefore also the law decree, are characterized by the equal conditions in which the interested parties are placed: for the first time, in fact, both the employer and the employee will have the possibility to regularize their contractual situation. In short, the decree appears to be fully valid as an amnesty, where both the employer himself can declare himself - and in this case no sanction is foreseen - when the irregular foreigner can report him.
There is also a short initial transitional phase - as requested by the Minister for Cooperation, Andrea Riccardi -, which will allow the employer to adapt to the new legislation.
The technicians of the ministries in charge are working to fine-tune all the details of the provision (we will therefore have to wait a few days to get to know them), while many people are already preparing to leave the limbo in which they have lived for years, seeing their status finally recognized of regular immigrants.
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