Per la libertà di movimento, per i diritti di cittadinanza

Flow Decree – What happens when the employer cannot hire anymore

Because of the long waiting times between the moment when the application is forwarded according to the procedures of the Flow Decree and the effective entry of the worker, the employer frequently, for different reasons, is no longer willing to hire the worker he/she had asked for through the authorization standing to the Flow Decree.

Cessation of business or death of the employer while the authorization is being released.
If the employer dies or the business stops operating before the authorization is released

Standing to the Ministry of the Interior’s information leaflet of the 7th of July 2006

In case of death
Another family member of the dead person can take over the employment, when dealing with domestic work.
The new employer – who has to prove he/she has the necessary requirements anyway – has to forward a specific request referring to the former application to the competent office (Sportello Unico), indicating the information requested. Therefore the procedure for the employment of the foreign citizen goes on.
The offices will provide to modify the information of the applicant and verify the expected requirements.

In case of cessation of business:
The new company can take over the employment if it holds all the necessary legal requirements and wants to avail itself of this power.
The new employer will have to make a specific request to the competent Sportello Unico referring to the former application, and indicating the information requested. Therefore the procedure for the employment of the foreign citizen goes on.
The offices will provide to modify the information of the applicant and verify the expected requirements.

Employment renounce before getting the authorization which has been already released
The new employer can take over only in case of: cessation of business and death of the employer.
The employer that is no longer willing to hire a worker can go and get the authorization anyway in order to enable the worker to obtain the stay permit on working reasons. Subsequent to the entry of the worker, the employer communicates his/her renounce to the Sportello Unico, enabling the worker to ask for a stay permit while waiting to find a new employment.

Employment renounce after entering Italy with the visa
Standing to the Ministry of the Interior’s information leaflet of the 28/08/2007

If the employer that has already obtained the employment authorization, doesn’t want to hire the worker anymore, and the worker has already entered Italy, theSportello Unico authorizes the worker to ask for a stay permit while waiting to find a new employment. This request authorizes the legal stay for 6 months. The worker can register to the Employment Service just by holding the receipt stating the request for a stay permit.

How to proceed:
Within 8 days from the entry on the Italian territory, the worker has to go to the Sportello Unico to report his/her entry in Italy and the unavailability of the employer to hire.
The Sportello Unico will release a document which authorizes the foreigner to ask for a stay permit while waiting to find a new employment to the Police Headquarters (Questura).

If in the meanwhile there is another employer ready to hire, the employer and the employee have to go to the Sportello Unico to conclude and sign a new residence contract.

Employment of a worker holding a receipt
Standing to the directive of the Ministry of the Interior of the 20/02/2007

Because of the long waiting times, there is no need to wait for the stay permit to be consigned in order to proceed with the formal employment (frequently it takes more than 10 months).
The employer is authorized to recruit the worker holding the receipt (recorded delivery) stating the request for the stay permit.

See also:
Practical instructions – After the entry with a working visa

Transalted by Oprea Mihaela