The 6 July Council of Ministers has definitively passed the legislative decree transposing the European directive (2009 / 52 / CE) on “minimum standards concerning sanctions and measures against employers who employ third-country nationals whose living room is irregular ”.To get the details, we will have to wait for the technicians of the Ministries of the Interior, of Labor and of Cooperation to specify the emergence procedure.
However, it is clear that the aim is not to produce an amnesty that simplifies the possibility of having a residence permit for irregular immigrants, but rather to lift the veil that until now has covered the 'black labor'.
It aims to encourage exploited workers to report their situation and thus prevent the formation of new illegal situations. In addition, employers are given the opportunity to report themselves. The decree therefore provides for two ways to regularize: denounce or self-report.
The possibility of reporting aims to sanction the employer who hires workers who are not in good standing. In fact, the provision provides that those who have already been convicted in the last 5 years with even a non-definitive sentence for having given work to an immigrant without a permit (aiding illegal immigration, illicit intermediation and labor exploitation) will see the clearance for work revoked and will have to pay a fine equal to the average cost of repatriation of the foreign worker hired illegally. Money that will be used to finance repatriations, but also projects for integration. The exclusion from the possibility of regularization also applies to workers affected by expulsion orders, convicted or reported, also based on international agreements or conventions.
Furthermore, the decree further strengthens the penalties for cases of particular exploitation. These may increase by 30-50% if there are more than three workers, if they are minors under sixteen, or if they are subjected to "serious danger", taking into account the "characteristics of the services to be performed and the conditions of work".
In these cases, for the foreigner who "has filed a complaint and cooperates in the criminal proceedings instituted against the employer", a six-month residence permit is issued for humanitarian reasons, with the possibility of renewal for one year or more, until you get to the end of the process. The permit could be converted into a work permit only if in the meantime the foreign citizen finds another occupation, obviously a regular one.
The second option is the so-called "transitional phase" or "active repentance", provided in addition to the European directive, at the suggestion of the Minister of Integration Andrea Riccardi. Suggestion that fits perfectly with the opinion expressed by a large majority of the Chamber and Senate commissions.
This phase, which will anticipate the entry into force of the new rules, wants to allow employers to comply with the new legislation and avoid the incoming sanctions. In this way, companies and families that employ one or more irregular immigrants, present in the national territory, will be able to voluntarily adapt to the law by declaring the irregular employment relationship to the Single Desk for immigration within a limited period of time, again to be defined. The employer will be charged for at least three months' pay, contribution and tax payments and the payment of a contribution of 1.000 euros for each worker.
Strong criticism came from the center-right. The head of the PDL Chamber, Maurizio Gasparri, accepted the decree stating: "We would not like to have behind this rule some form of amnesty, which could even attract illegal immigrants to our country".
Immediate replies too. "This is a provision of common sense, which has nothing to do with an amnesty", immediately replied Livia Turco, president of the Immigration Forum of the Democratic Party. While the parties take a stand, Filippo Miraglia (Arci national immigration manager) defines the decree as "an extraordinary instrument that puts an end to the enormous injustices produced by the current legislation on immigration" and recalls that this provision "could concern no less of 500 thousand people and bring a revenue of about three billion euros of social security contributions ".
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