The rules for the enforcement of Bossi-Fini law also establish that all migrant workers have to sign a residence contract each time they change employment, the contract must be sent to Prefecture. This must be respected by all migrants: by the ones that are regularly staying in Italy, by the ones that need to renew papers and also by the ones that simply change employment during papers’ validity.
Housing
Residence contract’ forms – as provided for by Ministry of Labour – imply that employers declare (form n.25) that migrant workers’ lodgings respect regional law parameters on public housing. This must be assured when residence contracts are signed when migrants’ residence papers are still valid.
The same employers need to declare in form n. 25 that in case UTG at Prefecture asks for the suitability certification – or the application to this document – issued by Asl or by the Council’s technicians.
This condition that must be respected to sign labour contracts and to have papers’ renewed is rather strict and “heavy” to migrants: migrant citizens have to prove that they have a house and also that their homes in Italy are comfortable enough as provided for by regional laws. We should not forget that very few houses where Italians live do respect such parameters.
Anyway Italian citizens can keep living and working here in spite of their house whereas migrants, the weak in our society, should live in places that are better than the most of lodgings. This as a consequence leads to immediate effects in regular labour and stay.
Businesses denounce a dangerous situation
A large business of Emilia Romagna region wrote an interesting letter to the members of Parliament that were elected in Bologna. We shall refer of some parts of the letter.
Manutem co-operative, a firm that takes care of services, cleaning and maintenance, writes: “Matters concerning immigration are very close to us. Non-Eu citizens have always been fundamental in our co-operative. Today the rules for the enforcement of Bossi-Fini law and the latest dispositions, issued by Ministry of Labour, show that institutions are trying to discourage migrant workers’ employment, who are condemned to concealed labour. Which business is to choose to regularly employ non-EU workers if they must also grant lodgings instead of Italian workers? Looking at the situation from a different point of view, what should be said about this discrimination? Non-EU workers must be granted lodgings whereas Italian and EU workers must not…
We believe that this uncertain situation risks to have strong repercussions. We therefore invite you all to intervene in the ways and with the means that you believe are mostly convenient in order to change actual law and its rules.”
What the letter says and the problems it focuses upon are extremely clear.
We have already talked about this matter, we explained how Immigration consolidated act was changed, we underlined that lodgings’ suitability certificate must only be given in when regular entry is authorised.
Bossi-Fini law does not say anything about this in case of changes in employment and of papers renewal. The rules we are today deepening were introduced by the new rules for the enforcement of immigration law. Can rules for the enforcement of the law make up new dispositions? We think that it is rather disputable…
We shall unfortunately see what happens when foreigners are denied residence papers’ renewal just because a suitable lodging is not available. We shall also see what happens if employers do not want to state that suitable lodgings are available (form n.25) under their own responsibilities.
It will be magistrates’ duty to verify whether rules respect the equal opportunities principle or not. This principle was established by ILO (International Labour Organisation) Convention n. 143/1975. It will also be magistrates’ duty to verify whether the rules for the enforcement of Bossi-Fini law are an effectively lawful application of Bossi-Fini law or they are the arbitrary exercise of legislative powers, which rules for the enforcement of laws do not hold.