Pardon – The problem of those losing the job after giving in regularization application forms still remains.
We will have to wait months because of the little efficiency of qualified offices which should go through papers in order to release residence permits.
What is to be done while awaiting?
Deputy-minister Mantovano promised (during a public meeting) to quickly publish a memorandum in which the release of a temporary six-month long visa was accepted.
We have no news so far.
We know that instructions given by Interior minister are being badly used or not even followed, this is to say that temporary permits to be released to people being “fired” by employers denying regularizations reported by Nov.11 are not being given out.
In Treviso a worrying case was signalled.
Martelloni, Asgi legal advisor, tells us that police headquarters aren’t releasing temporary residence papers, of coarse people looking for a new job, won’t be able to do anything without that receit.
Treviso police headquarters gives out a fixing a hearing note in order to apply for residence papers in a six-month period time. Migrant citizens being given this piece of paper are to come back to police headquarters in six months in order to ask for residence papers…which would last six months. Obviously papers won’t be issued the same day of applying for them.
What strikes us the most is that the fixing a hearing note says that the matter is a juridical matters permit inviting the person to show the positive ending of labour debate.
Remeber that, according to Mantovano’s instructions to police headquarters and prefecture, the chance of having a residence permit lasting six months in order to find a new job is and was granted to the ones having started a labour debate off.
Labour debates can last years, if the release of the above said permit is connected to the positive solution of the debate it means that migrant citizens are being joked off. In fact they would have to wait without the possibility of finding new employments.
Treviso police headquarters note provides for a temporary jurical residence paper that doesn’t allow working unless the permit explicitly allows to. Obviously this uncertain situation won’t help migrants in finding new employments. Employers are to be uncertain whether they are doing something legal or not in hiring someone in these conditions (they could be committing crimes according to Bossi Fini art. 22 paragraph 12 immigration consolidated act).
Treviso police headquarters practices are to produce more disorder and illegality, both on workers side and employers. The illegal use of the quoted note must end.
When migrants go to police headquarters to ask for the release of residence papers, authorities must accept their application forms and issue a receit. in case they refuse to accept the application, they must (this is provided for by law) report the decision, written in the migrant language, saying:
– the reasons of the refusal
– to whom appeal
This is the law, which should at least be followed both by migrants and authorities. Law provides for that police authorities are obliged to receive application forms and to release an answer or at least a receit NOT a hearing appointment note.
We are obviously still looking forward to Mantovano’s instructions but in the meanwhile we should follow what the law states and suggests migrants citizens to formally mistrust police headquarters and have them release the real receit stating that application forms were accepted.
The receit of coarse cannot be modified by authorities. In case migrants ask for a residence permit in order to look for new employment, police headquarters have two choices:
– refuse to release the permit
– accept the application and release a receit stating that forms were given in
Changing the application form from working research to juridical matters is an evident violation to interior minister instructions. It also means an unjust change to what the interested person asks for.
Trento prefettura gives information on what to do when finding a new employer
We have just studied who should benefit from Interior minister instructions. We shall now see what can be done when in need of changing employer.
The only ipothesis taken into consideration so far is the “house helpers” one in case the employer dies. Trento prefettura prepared a form which gives the chance of changing employer. The form is not coming out from governative instructions but from a practical idea thought by Trento’s offices. The form shows the PROCEEDINGS with which the new employer signs a switching declaration (even if this is a real new working contract), a declaration with which the employer states that he/she will hire the migrant worker, this will have to be given in at prefettura multifunctional counter together with the application to the release of the six-month temporary residence paper.
We shall see whether this proceedings are to be adopted also by other prefetturas or not and if there’s to be a way to let people change employer.
Other ipothesis, which do correspond to real situations (dismissal because of the closure of the firm, lack of money, workers quitting the job,…) find no instructuions.
Como accomodation centre asks for some details. Can a person being part time regularized start a new part time job or collaboration? Unfortunately we still have no CERTAIN answer on this matter, because we do not know if employers via hiring migrant citizens in this situation might commit a crime.
Do not forget that this pardon was supposed to study all folders and give answers to regularization within 30 days for house helpers and 60 days for subordinated workers, and no job change was to be accepted during these days. But at the moment since waiting times are to be extremely long about two years it is quite clear that THE RIGHT TO CHANGE EMPLOYMENT MUST BE RECOGNIZED.
In case Interior minister doesn’t do anything (because of political pressures coming from some government areas) the only way would be juridical initiatives. We seriously hope that it won’t be necessary also because there aren’t so many lawyers.