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(Act n. 102 "Declaration of assistance and help to families")

Who is eligible for regularisation

Italian employers or employers who are citizens of a EU member State, or non –EU employers holding a Ce Residence permit (or Residence Card) who on 30th June had been employing illegally Italian or EU citizens or non-EU workers present in the National territory for a minimum of three months and still continue to employ them as family helpers on the day of the presentation of the declaration.

Which categories of workers can be regularised

Regularisation applies to those workers assisting the employer or members of his/her family, even if they do not live in the same house, and who are affected by a disease or by a physical disability restricting their self-sufficiency (caregivers) or to those workers providing domestic support (domestic helpers)

When it is possible to regularise workers

Employers can regularise undocumented work contracts from 1st to 30th September through:

a) INPS National Institute for Social Security for Italian or EU workers by using a special form

b) The Immigration Bureau for non-EU workers by sending a special declaration via the Internet

How much regularising costs:

"The Declaration of assistance and help to families" is produced upon payment of a lump sum of 500 euros for each worker. This sum is not deductible from income tax.

What the Declaration has to include

"The Declaration of assistance and help to families" is sent via the Internet and it must include the following information otherwise the request will not be taken into consideration:

a) the employer’s personal data, including all the information regarding his/her personal residence permit if he/she is a non-EU employer

b) the non-EU worker’s personal data and nationality, all the relevant information about his/her passport or any other equivalent valid identity document for entry into Italy.

c) A description of the kind of job and conditions offered

d) For the employment of a domestic helper supporting families (domestic helper), a statement of the taxable income must be produced. The amount stated must refer to the employer’s 2008 Income Tax Return

e) For the employment of a caregiver for people affected by diseases or disabilities (caregiver), the commitment to providing a certificate drawn up by the NHS or by the family doctor operating within the NHS stating that each of the subjects requiring assistance was affected by a disability restricting his/her self-sufficiency when the employment started.

f) A statement certifying that on 30th June 2009 the employer had been irregularly employing the concerned worker for at least three months and that he/she is still employed by him/her on the day of the application.

g) A declaration stating that the agreed salary is not lower than the one fixed in the corresponding National Collective Agreement and that, in case of domestic help, the working hours do not exceed 20 hours a week.

h) A statement declaring that an application has been made to obtain permission to carry out domestic work according to the Decree of the President of the Council of Ministers (DPCM) of 30.10.2007, specifying the identification data of the application

i) The essential data of the receipt for the payment of the lump sum of 500 euros

j) The essential data of the Internet Revenue Stamp for 14.62 euros.

Requirements for legalisation

Domestic helpers providing support to families

The employers receiving a yearly taxable income for 2008 not lower than 20 thousand euros, if there is only one income receiver in the family, can produce an application.

The family income, instead, must not be lower than 25 thousand euros, if there is more than one cohabiting member who receives an income.

Each family can produce only one application

Caregivers providing assistance to people affected by diseases or physical disabilities

People affected by diseases or disabilities are entitled to apply, provided they can prove limited physical self-sufficiency for themselves or for another person who needed assistance at the time of the caregiver’s first employment, by producing a certificate drawn up by the NHS or by the family doctor operating within the NHS. Instead, those citizens already recognised as invalid prior to that date, only need to produce the official document certifying their physical disability. Each family can make a single application. If two caregivers are needed to look after the same person, the medical certificate will have to state the need for this service.

Outstanding applications with reference to 2007 and 2008 quotas

If a Declaration of assistance and help to families is produced, this will automatically annul your previous application to obtain permission for employment in relation to 2007 and 2008 quotas.

How many workers can become regulars

Regularisation is limited to one domestic helper and to two caregivers to assist people affected by diseases and/or disabilities that restrict their disabilities for each family.

Suspension of exclusion orders during the regularisation process

Act n. 102 of 2009 that makes it possible to produce a Declaration of assistance and help to families suspends all administrative and criminal procedures against the employer and the employee who provides family assistance for having violated the rules regarding:

a) Entry and residence in the national territory, excluding those described in art. 12 of the Consolidated Act as for the legislative decree of 25/07/98 n. 286 and further modifications

b) The employment of workers, even if they concern the financial, fiscal, social security and welfare aspects.

Who cannot be made ‘regular’

The following non-EU workers cannot be included in the regularisation procedure:

a) Those against whom an expulsion order has been issued, according to art. 13, paras 1 and 2 , lett. C) of the Consolidated Act as in the Legislative Decree of 25th July 1998 n. 286 and of art. 3 of the Decree Law 27/7/2005 n. 144 converted with modifications by Law 31/07/05 n. 155 and further modifications.

b) Those who have been listed as undesirable, according to agreements or international conventions in force in Italy, for entry into the Italian territory.

  c) Those who have been condemned even with a non-final verdict, including the sentence passed after the enforcement of the penalty according to art. 444 of the Code of Civil Procedure, for one of the crimes included in art. 380 and 381 of the aforesaid code.