Per la libertà di movimento, per i diritti di cittadinanza

A question on employing non EU professional nurses

A listener writes us:
“We’d like to employ non EU nurses with an open end contract. Local labour department forces a two-year long contract. Which is the rule or memorandum stating this? Flows decree in fact doesn’t quote the art. 27 – determined contracts.”

Immigration consolidated act art.27 was integrated by Bossi Fini law and by the long list of working categories set outside flows decree quota. Nurses are part of the above said list. This means that nurses are out of quota and there’s no need of waiting for the flows decree to be published to employ such a qualified person.
Anyway nurses and the other working categories listed in art.27 are still ruled by art. 40 consolidated act regolamento di attuazione time limits. Art. 40 paragraph 2 underlines that: “Authorization to determined works cannot be longer than two years, extention of permit lasts two years.”

Some working categories listed in art. 27 do rapresent jobs which are temporary by definition, other could last much longer. Art. 27 doesn’t say anywhere that university researchers, professors must stay for a non extendable limited period of time as it is stated for other categories. It is therefore not obvious that after the two years residence paper cannot be extended. Anyway the time to time extensions make us think that at the present time the temporary subordinated work contract must be accepted. This worries both employee, who becomes extremely precarious, and employers.