DERANA

Rome - 15 July 2009 - the regularisation of colf and carers is black on white. The Government has presented today in finance in the House Committee an amendment to the ddl anticrisi that defines the requirements and all procedures. The text will now be examined (and possibly modified) by members. Here it is: "after article 1, add the following:"

Art.1-bis

(Explanation of activities of assistance and support for families)

1. Il datore di lavoro italiano o cittadino di Paese appartenente all'Unione Europea, ovvero il datore di lavoro extracomunitario in possesso del titolo di soggiorno di cui all'articolo 9 del decreto legislativo 25 luglio 1998, n. 286, che alla data del 30 giugno 2009 occupava irregolarmente alle proprie dipendenze, da almeno tre mesi, lavoratori italiani o cittadini appartenenti all'Unione Europea, ovvero lavoratori extracomunitari, comunque presenti nel territorio nazionale, e continua ad occuparli alla data di presentazione della denuncia di cui al presente comma, adibendoli ad attività di assistenza per se stesso o per componenti della propria famiglia, affetti da patologie o handicap che ne limitano l'autosufficienza, ovvero al lavoro domestico di sostegno al bisogno familiare, può dichiarare, dal 1 al 30 settembre 2009, la sussistenza del rapporto di lavoro:

a) all'Istituto Nazionale Previdenza Sociale per il lavoratore italiano o il cittadino di Paese appartenente all'Unione Europea, mediante apposita modulistica;

(b) on the one-stop shop for immigration referred to in article 22 of the Legislative Decree 25 July 1998, no. 286, for the worker outside the community by special declaration referred to in subparagraph 3.

2. The Declaration referred to in paragraph 1 is submitted prior payment of a flat contribution of EUR 500 for each worker. The contribution is not deductible for income tax purposes.

(3. The Declaration referred to in paragraph 1, subparagraph (b)) is presented, with computer mode, within the period referred to therein and contains inadmissible to penalty:

(a) data including the employer, identifying data relating to residence permit in the case of employer outside the community;

((b) statement of particulars and the nationality of the worker employed outside the community which refers the Declaration and indication of extremes of the passport or other equivalent document valid for travel; (c)) an indication of the typology and conditions of employment;

(d) the claim for the recruitment of a purchaser domestic support to the need for family, the possession of a taxable, resulting from the statement of income, work worker not less than 20.000,00 euro annually in the case of family consists of only receiving income or to a total income of not less than 25.000,00 euro annually in the case of family composed of multiple recipients of income cohabiting persons subject request;

(and) attesting the occupation of the worker for the period of subparagraph 1;

((f) the Declaration that the defendant pay is not less than that provided for in the applicable national collective agreement reference and that, in the case of domestic work to support the need for family, working hours is not less than that provided for in article 30-bis, paragraph 3(c)), of the Decree of the President of the Republic of 31 August 1999, n.394;

(g) the envisaged contract residence proposal in article 5-bis of the Legislative Decree 25 July 1998, n.286;

(h) the details of receipt of payment of the flat-rate referred to in subparagraph 2.

4. The Declaration of emerging determines the waiver request anything labour subject for the activities referred to in paragraph 1, submitted pursuant to the decrees of the President of the Council of Ministers on 30 October 2007 and 3 December 2008, concerning temporary entry of the non-EU workers flow scheduling preclude not seasonal in the territory of the State.

5. The Declaration referred to in paragraph 1(b), shall be limited for each core family to a unit for domestic work to support the need for family and two units for the activities of support subject suffering from diseases or handicaps which will restrict self-sufficiency. The date of the Declaration referred to therein is that specified in the receipt of acquisition to the computerised system of the Interior Ministry.

6. The one-stop shop for immigration, checks the eligibility of the Declaration and acquired the opinion of the Questura on the absence of ostativi reasons the issuing of residence permit, shall convene parties to the conclusion of the contract of stay and for the submission of the request of the residence permit for employment, after exhibition of payment of contribution referred to paragraph 2. The employer who reported one or two units for the activity of assistance under subparagraph 5 must produce to shop for migration, penalty of inadmissibility of the Declaration of emerging, certification of public healthcare or medical supplies with the NHS attesting to the limitation of self-sufficiency of the subject for which assistance to the time of employment within the meaning of paragraph 1 is arisen is requested. In the case of Declaration of two units for the activity of assistance under subparagraph 5 certification must also certify the need to take advantage of two units. The existence of purely material errors is not only cause of inadmissibility of the Declaration referred to in subparagraph 3. Non-parties without justified reason submitted shall be the storage of the proceedings. Within 24 hours after the conclusion of the contract of residence, the employer must carry out the compulsory recruitment to the established social security national communication. Provisions relating to the burden of the applicant shall remain firm residence permit.

7 From the date of entry into force of this law and until the conclusion of the procedure laid down in this article, criminal and administrative proceedings in respect of the employer of work and the worker engaged in the activities referred to in paragraph 1 for infringements of the rules are suspended:

((a) relating to entry and residence in the national territory, excluding those referred to article 12 of the Legislative Decree 25 July 1998, n.286; (b)) concerning the use of workers even though are financial, fiscal, pension and welfare;

8. In cases where the complaint under paragraph 1 is presented, or move to store or the rejection of the Declaration, the suspension of referred to in subparagraph 7 ceases, respectively, for the submission due date or the date of storage or rejection of the same declaration.

9. Pending the definition of the procedure referred to this article, the alien cannot be expelled, except the cases referred to paragraph 12.

10. The signing of the contract of residence, jointly to compulsory recruitment to the Institute national social security referred to the paragraph 6, and the issuance of the residence permit entail, respectively, for the employer and worker extinction of criminal offences and administrative offences relating to violations referred to in subparagraph 7 communication.

11 Stay concluded based on a declaration of emerging contains incorrect true contract is void pursuant to art. 1344 of the civil code. In this case, possibly issued residence permit is withdrawn under article 5, paragraph 5, of the Legislative Decree 25 July 1998, n. 286.

12 Cannot be accepted procedure provided for emerging from this article the non-EU workers:

((a) in respect of which a measure of expulsion pursuant to article 13, paragraphs 1 and 2 was issued letter c) [Italian Legislative Decree 25 July 1998, no. 286? r.n.], and article 3 of Decree Law 27 July 2005, no. 144, converted as amended by law 31 July 2005, n.155;

((b) that are reported on the basis of agreements or conventions international force in Italy, for the purposes of refusing entry in the territory of the State; (c)) that are condemned, even with judgment not final, including the also taken as a result of application of the penalty at the request pursuant to article 444 of the code of penal, for one of the offences provided for by Articles 380 and 381 of the same code.

13 By Decree of the Minister of labour, health and social policies, together with the Interior Minister and Minister of the economy and finance, is certain how flat contribution allocation, referred to in paragraph 2, both to deal with the Organization and for carrying out the tasks referred to in this article, and in relation to the contributory pension and welfare of the worker concerned. The Minister of labour, health and social policies, with its Decree, determines, also, how payment of sums of interest due for contributions relating to periods prior to the three months of referred to in paragraph 1.

14 Save that the fact is more serious crime, anyone who has false statements or claims, which contributes to the fact, within the procedure provided for emerging in this article, is punished pursuant to article 76 of the Decree of the President of the Republic of 28 December 2000, n.445. If the fact is committed through counterfeiting or alteration of documents, or using one of these counterfeit or altered documents, one to six years imprisonment applies. The penalty is increased if the fact is committed by a public officer.

15 Shall in order to assess the requirements of permanence of the citizen outside the community for work on national territory, the National Institute of social security provide dell’interno Ministry information relating to cessation of payments contributory of the non-EU workers for the effects referred to in article 37 of the 31 DPR August 19999, n.394, and subsequent amendments and additions.

16. Depending on the effects of the implementation of this article, the level of the national health service that helps ordinarily State funding is increased 67 million euros for the year 2009 and EUR 200 million from the year 2010. By Decree of the Ministry of labour, health and social policies, together with the Minister of economy and finance, after consulting the Conference standing for relations between States, regions and the autonomous provinces of Trento and Bolzano, the aforementioned amounts, in relation to the presence of nationals emerged within the meaning of this article shall be allocated among regions.

The Government

Mauritius Sacconi

"Roberto Maroni"

EP