Welcome again to Efiubò. This week we will continue speaking about work together with your questions and the answer by the layer Caterina Bove.
Q I am a Croatian citizen. With the entry of Croatia into the European Union can I enter Italy without a residence permit ?
It is still necessary to wait for the decision of each member state. It is possible that member states will adopt transitional arrangements restricting the free movement of Croatian workers for a period that can range from a minimum of two to a maximum of seven years.
Q. I do not have documents and I have illegally worked as a domestic in a home. One day there was a bad accident at home and I was wounded. My employers did not want to bring me to the hospital telling me that it was better for me since I had no documents. It ‘s true what they told me? If not what can I do against them?
Your employer did not behave properly. The right to health is a fundamental right for all, recognized by the Constitution. Go to the emergency room does not determine in any way the risk of be reported to the police. Nobody that works in a hospital can bring you to the authorities. Regarding your employers, you may sue them, but you risk being recognized as a person without documents. However, even if you worked in black you have the right to recover past contributions and to obtain a salary at least equal to that provided in the collective agreement for domestic workers.
Q. I am working, without documents, as maid. My employer decided to ask for my regularization taking advantage from the 2012 sanatoria. After he presented the request to the Prefecture I received other job offers and I would like to accept it. Can I do that? Can the employer fire me even though we have not been called by the Prefecture?
Better ti wait until the process of sanatoria is finished (wait to be called by the Prefecture and to sign the residence contract), Only after you do that you’ll get a residence permit for employment. The employment relationship can still break before the call from the Prefecture. If the employer fires you before the call, you must go, together with the employers, to the Prefecture and formalize the layoff, explaining the reasons which led to a premature termination of the employment relationship. In this case If, at the end of sanatoria, you’ll get a permit, it will be for “job research”. Until the end of the sanatoria procedure you can can not be hired by other employers.
Q. What is the working residence permit (permesso di soggiorno lavorativo) and what requirements do I need to apply?
The working residence permit is issued to foreigners who can prove to be able to get a job in Italy. The foreigner residing abroad will have to wait the issue of the flows decree (decreto flussi) and he need to find an employer willing to hire him. Once the decree is issued the employer must submit the application, as soon as possible. If the migrant will return in the quotas established by the State, the employer shall request to an Italian Prefecture the nullaosta, a document that allow immigrants to enter in Italy. This document will be sent to the offices consular of the country of residence of the foreigner, which in turn release it to the migrant. The stranger, when it will arrive in Italy, must go within eight days to the Prefcture that issued the nullaosta and sign the so-called contract of residence, demonstrating to have a suitable accommodation in Italy. After that he must go to a police station to apply for a permit for work, which will have a duration of up to one year if the employment contract is a fixed term and a maximum of two years if the contract is for an indefinite period.
Q. If I work in black and I get fired, what evidence I can bring to prove that I have worked there?
Any evidence may be fine, even a piece of paper on which the employer has noted the amount that he gave you as salary. The best thing would be to find witnesses who can confirm the fact that you were working there.
Efiubò is a radio program that answers to the questions and concerns of migrants living in Italy. It will be released every two weeks from today, February 15. If you also have any questions, please write to email@example.com
Efiubò is a project realized with the contribution of otto per mille della Tavola Valdese