During past legal counter we talked about Ministry of Welfare measures with which all prefectures, and above all Milan’s ones, instructions were blocked. Some prefectures chose to allow the replacement of employers in case a worker loses his/her job while being regularized.
Welfare ministry measures were taken on basis that prefectures instructions needed to be evaluated and their lawfulness according to Bossi-Fini law as well. Ministry said that it was about to adopt specific measures.
Such measures weren’t defined but they only were interlocutory measures. Real instructions came with the release of Ministry of Interior memorandum which gave clear instructions.
The new memorandum (also sent to Welfare ministry and to Local Labour Departments) explains how regularizing workers should do when losing their job.
We shall now read the text:
“As already SS.LL. (this is to say prefectures) well know many migrants regularizing workers who lost their original employment hold the chance to have a new job, a new employer who would regularly employ them. In order to avoid conceiled work and to help workers having lost their job not to go back to clandestinity, together with Labour and Social Affair Ministry specific measures and proceedings are set.”
It is right from the beginning stated that avoiding conceiled work is a priority.
“SS.LL, within multifunctional counters, will prepare an area where those procedures are evaluated. Proceedings are the following:
new employers, wanting to regularly employ dismissed workers, will need to communicate prefecture the employment, the note must show the post office receit number of the migrant former regularization application form. The original regularization application form needs to be immediately evaluated, in case it hasn’t arrived at prefecture yet it must be asked at Centro Servizi delle Poste Italiane. Requisites are to be studied and then both employer and employee are to be called at prefectures for the hearing. During the hearing the new residence permit on working basis is to be released. Th epermit will last one year. These new measures will increase work at multifunctional counters but cooperation will allow the solving of these difficult situations and have regularizing migrants having lost their original jobs find a quick and immediate solutions.”
These measures are being facilated and evaluated, in fact some prefectures had previously recognized the right new employers have to immediately employ regularizing workers.
Now Ministry of Interior and Welfare Ministry give precise instructions stating that each multifunctional counter has to wait for migrants application forms coming from the Centro nazionale elaborazione dati delle Poste italiane (Italian Post national data centre).
This fact will implies inestimable times.
During territorial boards meetings, which are held in order to monitor regularization times, it was verified that ordering application forms and having it quickly sent is basically impossible. In other words the data centre is working metres of papers. In fact the centre receives huge postal packs which temporary workers have to look through and put data into the information system.
Unfortunately, forms distribution and their proceding seems to be casually organized, it is almost impossible to find a specific form. Prefectures receive forms in a scattered way, there’s no order, nor the giving in date nor the alphabetical order is being followed.
What we so far stated makes it understandable that quick forms arrivals are impossible. Proceedings travel in packs and they time to time reach the information system. Finding one application form within this huge pile of paper is impossible.
What does this mean on practical basis?
It clearly means that even if regularizing workers are allowed to find a new job when losing it they are condemned to long awaiting times before being regularly employed.
Until the required form doesn’t arrive from Rome to local UTG prefecture the simple new employer application won’t allow the new employement effectiveness. This means that prefectures won’t condider the new employment lawful until they receive application forms from the Post data centre, until they evaluate them and they have the welknown hearing.
When all these proceedings are over, prefectures will not consider the new employment lawful. Awaiting times are to be extremely long and conceiled work is going to increase.
An example: from Padova 13.000 application forms were sent, unfortunately only 2.000 were sent back to Prefecture. These 2.000 forms still need to be finally evaluated and workers called to the final signing residence permit hearing. The opening of a new counter in order to quicken proceedings hasn’t so far been confirmed and the employment of temporary workers still needs to occur.
The problem of the lawfulness of new contracts before forms do come to prefectures still remains.
We still do not know whether employing regularizing migrants is a crime or not. The doubt will remain uncleared until magistrateship evaluates the problem and interpretates it.
Magistrateship still needs to express an opinion on this matter.
Many employers chose anyway to employ regularizing migrants having lost their job, there will therefore be employers charged of crimes connected to T.U. art. 22 paragraph 12 and only then magistrateship will give its word.
Interested people are still left in a difficult confused situation, they all were waiting for this memorandum. Unfortunately this note leaves them awaiting for long times.