The text was approved by the 6 July Council of Ministers and will arrive in a few days in the Official Gazette after being signed by the Head of State.If from the first rumors it was clear that the real intent was to lift the veil that until now has covered the 'black work', the new details of the transitional phase of the legislative decree with which the Italian State has just transposed the EU directive on sanctions for companies and families hiring illegal immigrants are now emerging.
Let's talk about the so-called "active repentance".
This phase was planned in addition to the European directive, at the suggestion of the Minister of Integration Andrea Riccardi with the aim of allowing employers to comply with the new legislation and avoiding 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, declaring the employment relationship to be irregular. The employer will be responsible for the payment of salary, contribution and tax payments of at least six months and the payment of a contribution of 1.000 euro for each worker. The contribution will be considered flat rate and will not be deductible from the income tax.Terms and conditions for submitting the declaration of emergenceFrom the 15 September to the 15 October, employers with Italian, European citizenship and foreign employers in possession of the residence permit, who have employed irregular foreign workers for at least three continuous months, will be able to present themselves at the one-stop immigration desk and report the employment relationship. The latter must be full-time, except for domestic work and support for family needs, for which a part-time has also been admitted for at least twenty hours a week.
Another important requirement is that which requires the worker to demonstrate with "documentation coming from public bodies" his uninterrupted presence on the Italian territory, at least since 31 December 2011.
This clause, which serves to avoid 'new arrivals', does not however take into account the fact that it still exists on crime of illegal immigration which will certainly have led many to become invisible to the authorities. Although in paragraph 6, it is specified that, from the moment the decree enters into force until the closure of the proceeding, the criminal and administrative proceedings against the employer and the worker will be suspended, which cannot be expelled due to irregular entry and stay , this does not simplify the condition of those who until now had to hide as far as possible.
It should also be remembered that false declarations and attestations will be legally pursued and the permits granted on the basis of these will be canceled.excludedEmployers are excluded from the provision convicted in the last five years, with a sentence not even definitive, for having given work to an immigrant without permission, for aiding and abetting illegal immigration, exploitation of labor, prostitution and minors and for illicit intermediation. Work permit will be revoked and a fine equal to the average cost of repatriation of the illegally hired foreign worker must be paid. Equally, employers who in the past have submitted an application for flows or for other regularizations and then have not taken the worker.
With regard to workers, immigrants expelled or considered dangerous for reasons of public order, security of the Italian State or of other countries of the Schengen area are excluded. Excluded are also those convicted, even if not definitively, of one of the crimes provided for in Article 380 of the Criminal Procedure Code and reported as "ineligible" in Italy.
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