We would like to point out two interesting Circulars in relation to the health registration with the SSN (National Health Service) for those who have requested the emersion of irregular employment relationships pursuant to Law Decree 34/2020 and for fixed-term employment relationships concluded because the final term has expired, pending the convocation of the interested parties at the Sportello Unico Immigrazione (SUI).
OBJECT: Decree Law 34/2020 Urgent measures concerning health, support for work and the economy, as well as social policies related to the epidemiological emergency by COVID-19 published in the Official Gazette no.128 of 19-5-2020 - Ordinary Supplement no. 21 - Art. 103
Foreign citizens in emersion must be granted the right to compulsory health care, in accordance with the principles of protection of the person and of the dignity of the worker contained in Art. 34 of the Consolidated Act on Immigration (T.U. 286/98).
The compulsory registration with the SSN will take effect from the date of submission of the application for emersion or temporary permit, and will be temporary until the completion of the emersion procedures.
OBJECT: Law Decree no. 34 of 19 May 2020, converted into Law no. 77 of 17 July 2020. Emergence of irregular employment relationships. This is a follow-up to the circular letter no. 3020 of 21 April on the procedure for the emergence of fixed-term employment relationships in the agricultural sector.
In this regard, in the light of reports received from the territory and further discussions with the Department of Public Safety and the Ministry of Labour and Social Policies, the following is clarified. The rules set out in the aforementioned circular in the case of a declaration of emersion of a fixed-term employment relationship which has expired because the final term has expired, pending the convening of the interested parties at the Single Desk, also apply to domestic work and personal assistance relationships. Therefore, in the latter cases, a new employer is allowed to take over the procedure, even if not a family member. In addition, the hypothesis in which the termination of the employment relationship occurs for reasons other than force majeure has been further investigated. In this regard, it is considered that also in this case a new employer can be envisaged. If, on the other hand, also due to the serious consequences that the continuation of the pandemic emergency has provoked in the labour market, there is no new employer available to take on the worker, in consideration of the long time that has elapsed since the sending of the application and of the high number of dossiers still being dealt with, the Department of Public Security, interested in this matter, agrees that the foreigner can be issued a residence permit for waiting for employment. In any case, as provided for in the circular no. 4623 of 17/11/2020, the Single Desks must carry out the appropriate checks in order to exclude that the application for emersion has been forwarded instrumentally and that the employment relationship has been established in a fictitious way. Moreover, in all the above-mentioned cases, it will be necessary to summon both the employer who had submitted the application for emersion and the worker to the Counter in order to complete the procedure for signing the contract relating to the terminated employment relationship. Finally, if measures have been adopted to reject the applications due to the termination of the employment relationship, it is considered appropriate to proceed to the re-examination of the same through self-defence.
If you have had difficulty in obtaining registration with the SSN or in signing the employment contract, you can contact the law firm for an initial interview.
Prof. Avv. Paolo Iafrate
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