Foreigners represent today over 3% of the workforce in Italy. In 2002 the nationalities with the largest number of job starts were Albanians and Moroccans, with over 45,000 each. In third and fourth places were Romania and Switzerland with 28,000 and 20,000 respectively, followed by Ex-Yugoslavia (17,000), Tunisia (16,800), Senegal, China (13,000 each) and Poland (10,000).

More

Foreigners represent today over 3% of the workforce in Italy. In 2002 the nationalities with the largest number of job starts were Albanians and Moroccans, with over 45,000 each. In third and fourth places were Romania and Switzerland with 28,000 and 20,000 respectively, followed by Ex-Yugoslavia (17,000), Tunisia (16,800), Senegal, China (13,000 each) and Poland (10,000).

However, many foreigners, even when they have been legal residents and on a regular job for some time are still employed in the underground economy and in any case with short term insecure contracts. At the end of the year 2002, of the 46,300 Moroccans hired, only 6,400 were still employed and of the 47,000 Albanian, only 9,600 remained active.

Furthermore, as is the case in most other European countries, immigrants are disproportionately represented in a wide range of low skilled occupations. Although this situation can be connected to a combination of factors- including in some cases the differing levels of education - direct and indirect forms of discrimination also contribute significantly to the weak labor market position of foreigners in Italy.

Work is given a high recognition and protection at Constitutional level. Art 1 of the Constitution states that "Italy is a democratic Republic founded on work". Other Constitutional provisions relate to right and duty to work, workers’ rights, right to strike, non discrimination between workers etc.

Law 189/02 sets up a system of quotas based on nationality. Entry and issuance of stay permits and work permits are strictly limited within the boundaries of such quotas, which are decided annually or even with extraordinary infra annual decrees to respond to the needs of the economy. At certain conditions preference may be given to workers of Italian origin, from non EU countries, who enlist themselves in specific lists created in Italian diplomatic representations (Law 189/02 art 21) Specific agreement can also be set up bilaterally in relation to seasonal work specific needs and renewed annually (for instance, up to 2001 bilateral accords on seasonal work existed with Croatia for seasonal workers during the summer month to be employed in the tourist industry of North East Italy). Such agreements can also relate to the "use" in Italy of specific groups of workers for time-limited works. For these groups repatriation is then provided for at the end of the assignment (art 21.2). Quota are decided on a number of factors including unemployment rate, requests by employers at national job centers (lista di collocamento) and in cooperation with local authorities who can give up to date data on local needs through regular reports to be sent by Regional authorities to the central government (art 21.4ter) Also in determining how many entry visas for work purpose can be granted each year, access to work by individuals arrive din Italy for family reunion purposes must be accounted for in a preferential way.

Request by employers for foreign workers can not, with Law 189/02, be on an nominative basis: workers enlist themselves in the unemployment register and employers can request a number of workers. The only way for a nominative request to be made is through a new type of contract, through which the employer commits to provide a work contract and sufficient accommodation as well as funds for repatriation of the worker after the end of the contract. In other cases workers who are called to work in Italy as a subordinates must apply within eight days from their entry into the country for a permit to stay ("permesso di soggiorno") for work purposes (subordinate or autonomous- a small number of self-employed worker places are to be reserved in the annual quotas a strict conditions)

In any case, loss of work, through dismissal or even through self dismissal can not lead automatically to withdrawal of the stay and work permits: for the remaining period of validity of the stay permit, a dismissed worker can remain in Italy and enroll in the unemployed persons’ register (Law 189/02 art 22.11)

Very strict sanctions are provided for employers who willfully employ undocumented and illegal migrants: a sanction of detention ranging from 3 months to one year and a fine are to be issues against such employers. (Law 189/02 art 22.12)

As for seasonal workers, nominative requests can be put forward by employers for seasonal workers. Also at the end of their period of work in Italy, seasonal workers who have not breached conditions to obtain and maintain the stay permit, have priority the next year over other persons of the same nationality for obtaining a new seasonal work permit. Holder of a seasonal work permit can convert it into a long term subordinate or autonomous work permit, if the relevant conditions exist. (art 24.4)

Specific norms exist for special categories of persons for which the law provides for, such as University lecturers, singer and artists, accredited journalists etc. (art 189/02 art. 27)

Article 18 of the Law 189/02 provides for the issuing of a special temporary residence permit for those persons who are victims of human trafficking or in any case victims of violence or serious exploitation in order to help the foreigner in escaping from the violent situation and participate in a program of social assistance and integration. Such measure, also present in previous Law40/98 has helped recuperate and integrate women victims of trafficking and prostitution organized crime (particularly, but not exclusively, in the hands of Nigerian and Albanian organized crime)

The 1970 Workers’ Act (which is the main legal text in Italian law on employment and workers’ rights) extends the rules against discrimination of strikers and supporters of trade unions to "discrimination on grounds of politics, religion race language or sex". The Act states that discriminatory acts on such grounds which may happen within the workplace (for instance on recruitment, career, transfers, disciplinary sanctions and other matters which may hinder the worker) are illegal. The worker can initiate legal proceedings against discriminatory acts suffered at work. The burden of proof, under the 1970 Act, falls on the worker to prove that the discrimination under the terms stated by the Act has effectively happened, although procedures before the specialised labour judges are simplified and worker-friendly in comparison with ordinary civil procedure rules.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide