Per la libertà di movimento, per i diritti di cittadinanza

Employers fullfilments

1) Ministry of Labour Decree Aug. 26th 2002: contribution on a lump-sum basis provided for by Bossi-Fini law

It concerns the payment of arrears contributions related to the three months ahead working period (the regularization period between June 10 and September 10). Most of employers will probably declare that the working relation started off June 9th and not a day before to avoid the payment of previous contributions. The last three-month period (June 10 – September 10) is lump- sum paid, that is the payment done at the post office when the regularization folders are given in while contributions needed for periods before June 10 contributions are ordinary, this means the normal contributions that were to be paid without applying sanctions because of the delay.

Art. 3 of the above said decree states that:

“Employers can pay, upon notice, to the Istituto nazionale della previdenza sociale all contributions and premiums as well as interests on the three month-period occuring before June 10 … outright dividing the entire sum into equal increased amounts of monthly instalments:
a) up to 24 months on legal interests
b) up to 36 months – delay interests running from the 24th month.

It is now ratified that employers will have to pay all the contributions for periods that come before the welknown three months, they won’t only pay sanctions on the delayed payment and on the non-report of the existing working relation.

Regularization forms DO NOT say that the starting working date must be given. June 10th is enough. Of course since at this point the real date doesn’t need to be expressed, it will be secondly verified, when both employee and employer will have to go to Prefettura’s multifunctional counter. At that point the real date of employment will have to be declared and if the date goes beyond June 10th contributions will have to be paid.

It is obviously clear that this concern regards employers being ordered inspection measures which verified the presence of irregular migrant workers.

2) INAIL memorandum September 27 2002: Legalizing non EU citizens irregular subordinated work.
Law decree Sept. 9 20002, no. 195. First instructions

Referring to a previous memorandum (Ministry of Labour’s no. 50) it specifies that on basis of law decree no. 195 Sept. 9 2002 employers sending in regularization forms will need to amend the working relation as from September 10th.
The decree states that the previous three-month period – from June 10th to September 10th – must be covered by a contribution on a lump-sum basis established to all working categories, with no connection to wages, the contribution concerns social security and accident insurance.
Law decree was enacted September 10th and from this date on migrant worker relation is to be considered regular. Sending in regularization forms is not enough, employers will also need to immediately execute all fulfilments required by law decree.
Inail memorandum only refers to its own fulfilments: named statement of accident insured workers and professional diseases. All other fulfilments will have the same starting date, September 10th.

What must employers do?

Named statement of accident insured workers must be given in within 5 days the employer declaration was submitted with the object of creating a territorial insurance to all declared workers. This is also necessary if employers already own previous insurances.
Sometimes it happens that many firms have anyway established insurances and paid the necessary contributions even in case of irregular workers. This happens because employers want to minimize sanction risks in case of controls. These firms need anyway to specifically state the worker enrolment.

Enrolment form must go along with a copy of the post office receipt prooving that the employer’s irregular workers merging statement was given in.

What happens when the worker hasn’t got the fiscal code?

The writing out of application forms usually requires fiscal code but clandestines do not own fiscal code, this means that it won’t be expressed on the forms.
The memorandum says that, when an Italian fiscal code can’t be given in, personal particulars must be given together with the country of origin code (it is found in the guidelines to apply for regularization). After regularization, application forms will be completed with the fiscal code.

Notice that while Inail issued companies instructions (despite being late to the enactment of the law), Inps hasn’t so far issued a memorandum containing instructions.
We suppose that Inail memorandum is to be considered extendable to Inps.
Nothing can be made up om this subject, it is of course obvious that workers will also need to be reguralized in contributions and insurances. We actually think that a timely employer statement should indeed be given to Inps, therefore we suggest employers and employees to ask Inps for that specific insurance statement.

Submission of statements to Inps and Inail do not wear out all employers fulfilments because a working relation must be stated to qualified offices and also it needs to be registered in the firm’s compulsory records.
Counting from Sept. 10th employers will need to register workers in:

– register books (compulsory to all firms: employment, qualification and tie-up must be there registered).
– wages books employers shall give the subsequent wage packet referring to the collective national working contract.
– presence book (working schedule).

All these prevents employers’ fraudulent behaviours of which we hear much about. Many employers try to shirk the obbligation of regularizing migrant workers by “firing” them.
Many Many judicial initiatives are taking plce nationwide on this matter, in Torino, Verona, Vicenza and other cities many are urgently appealling to labour judges in order to understand employers duties of which we shall talk when results will come.

3) The worker’s address must appear in regularization forms

In order to avoid employers tricks ar cunning expedients (they might pretend they are following regularization steps) it is extremely important to specify an address which is not under employers’ control. Many workers declare the working place as personal address but this is quite a risk: when Prefettura’s multifunctional counter calling is sent, in case the employer receives it he might not give it to the entitled migrant worker.
In case workers do not go to the meeting at Prefettura, regularization application will be placed in the archives.

4) Enrolment to servizio sanitario nazionale (SSN national health care unit)
that is to say the right to health care at expense of SSN and the right to appoint a reliable family doctor.

Inps contributions also include SSN contributions.
Immigration general laws and Testo unico didn’t change on this matter with the enactment of Bossi-Fini law.
T.U. Art. 34 says thet workers holding residence papers:

“need to be enrolled to Servizio sanitario nazionale and have the same rights and treatment as Italian citizens in matters of contributions…” Migrant citizens have the same right when residence papers renewal comes.
Nothing is said about the enrolment to SSN while waiting for residence contrat to be released.

The actual regularization entitles workers to temporary proceed living and working in Italy only holding the Post office paper given when regularization folders are sent. This lakes us think that migrant workers should also be entitled to SSN enrolment at local health units (in Italy called ASL aziensa sanitaria locale). In fact when the employer pays the employee SSN contributions we don’t see why the worker shouldn’t be allowed to the services. There two possible solutions to this problem: either SSN contributions are given back to all workers or enrolment rights should be granted to workers paying contributions.

Lazio region is the only one which granted the abovesaid enrolment right by sending memorandums to ASL specifying that all workers should be temporarily enrolled:
I think this instruction should be valid in all Italy.