|
|
Self-employed work
A foreign worker, who has been regularly living in Italy since 2002 pardon, was originally employed in a building firm, he then chose to open his own firm by himself. When he went to police headquarters to have his residence papers renewed he was denied renewal on basis of the fact that residence papers issued after law decree 195/2002 enactment provide for that migrant citizens must be subordinated working and their contracts must last at leat a year. What could this man do?
In other words, police headquarters state that all residence papers released “thanks” to 2002 regularisation cannot be turned into self-employed work permits and no renewal can occur in such a sense as provided for regularisation rules.
If this was true we should believe that migrants regularized during 2002 pardon are being discriminated. These workers, according to recent rules, are to be differently treated in comparison to other regular workers.
This is not acceptable since law excludes all forms of discriminations among Italian workers and foreign workers regularly living in Italy.
This is also stated in International Labour Organization convention number 143/1975.
No discrimination can either occur among foreign workers regularly living in Italy.
In other words, there are no different work categories which allow to some sort of employment and deny others: the same permit must allow workers to the same rights and duties.
On basis of this simple principle people who were regularised in 2002 cannot be treated differently from the ones regularised in previous years nor from the ones who legally entered Italy during flow decree. Workers hold normal subordinated work residence papers.
In case things worked out differently, law should accept that discriminations are lawful and this is impossible.
We suggest that this person appeals against the denial, in fact this interpretation matter cannot be quickly solved by police headquarters nor by Minister of labour. Appeal can be pursuited within sixty days time from the denial.
[ Saturday 7 February 2004 ]
|
|