Sub summary:
- a) Visa and Work Permit
- b) Employment of Foreign Workers
- c) Employment of Minors
a) Visa And Work Permit:
Visa/Work Permit/Entry requirements for NON EU citizens in Italy
For stays up to 90 days
A visa or permit of stay is
NOT required for foreign citizens (of one of the countries from the below list)
entering Italy on business, including film crews, if their stay does not exceed 90 days per semester (6 months), provided that they are not employed by a production company in Italy.
Andorra, Argentina, Australia, Brazil, Brunei, Canada, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Hong Kong, Israel, Japan, Malaysia, Macao, Mexico, Monaco, New Zealand, Nicaragua, Panama, Paraguay, South Korea, Singapore, United States, Uruguay, Venezuela, San Marino, Vatican, Switzerland.
Important Note:
As of May 28, 2007, under Italian law n. 68 of 28 maggio 2007, all non-residents are required to complete a “dichiarazione di presenza” (declaration of presence):
- For foreigners entering Italy from NON-Schengen Countries (e.g. the United States), a legible stamp on their passport from the boarder/passport control at the airport or border crossing is considered the equivalent of the declaration of presence.
- For foreigners entering Italy from Schengen countries and staying in a hotel, a copy of the official hotel police registration document (provided by the hotel) and countersigned by the foreigner, is sufficient proof of entry.
- For foreigners entering Italy from Schengen countries and staying in private accommodation, a registration form must be filled out and signed at a local police station (commissariato di zona) or police headquarters (questura) within 8 days of entering Italy.
It is important that applicants keep a copy of the receipt issued by the Italian authorities. Failure to complete a declaration of presence is punishable by expulsion from Italy. Additional information may be obtained (in Italian only) via Internet from the following websites:
www.portaleimmigrazione.it and
www.poliziadistato.it/pds/ps/immigrazione/soggiorno.htm.
EU citizens:
European Union nationals do not need permits to work in Italy. This inherent right is granted by the treaty of Rome to all nationals of EU-member states.
Visa/Work Permit/Entry requirements for NON EU citizens in Italy
For stays over 90 days
A written job offer or an employment contract is not sufficient for working in Italy.
A work permit
(autorizzazione di lavoro) is compulsory for non-EU nationals either having a job offer in Italy, or willing to work in the country, temporarily or permanently (a work visa must be obtained even if the non-EU national is seconded to Italy and paid from a foreign payroll).
The employment of non-EU citizens must be approved by the Italian department of labour office
(Ufficio provinciale del lavoro), who can propose the employment of an EU citizen in place of a foreigner.
Work permits for non-EU citizens must be obtained in Italy by the prospective employer who first submit an application to the local department of the Italian labour office, where the business is registered, requesting authorization for the individual to work in Italy. The request must emphasize that the individual is highly qualified and will be operating in a managerial or highly specialized position (in case of actors, performers and highly qualified film technicians there is a proper office: Special Employment Office of Entertainment Professionals (Ufficio Speciale di Collocamento dei Lavoratori dello Spettacolo) that will take care of the authorization: in case the authorization through this office is not granted, the foreign national may enter Italy for employment reasons within the limits of the entry quotas, set yearly by the Government.)
Once/if granted (it usually takes up to two months for the authorization to be approved and issued), the permit must, in turn, be authorized by the local Police Headquarters (Questura) who stamps it with a “Nulla Osta” (litteraly “nothing hinders”) on the back. The “Nulla Osta” is a public safety measure confirming the foreign national has no criminal record.
This document will be then sent to the applicant in his/her country of residence for presentation at the Italian Embassy/Consulate with the other documents necessary to obtain the work/employment visa (usually issued within 30 days if all the papers are correct).
After the work visa is granted and the worker enters Italy, within eight days, the applicant and his/her family must visit the local police station (Questura) or one of the 14.000 national post offices (Poste Italiane) to obtain an Italian permit of stay
(Permesso di soggiorno).
EU Citizens:
Only a
permit of stay is required (at the local Questura)
Documents required: valid passport, health insurance certificate, employment contract, proof of temporary stay (rent agreement, etc).
Residence in Italy:
After obtaining a stay permit, one should register at the local Population Registration Office
(Anagrafe).
Documents required: stay permit, valid passport
Release timing/delivery timing: 2 months
Tax-code Number (codice fiscale):
All citizens, whether Italians or foreigners have to get a tax-code number, even if not subject to Italian taxes.
One needs such code a (codice fiscale, obtainable from the Provincial Tax Office) to open a bank account, to register a vehicle, or to sign any official contract.
Documents required: valid ID or passport, stay permit.
Release timing/delivery timing: immediate
Obtaining authorization to work in Italy is a highly bureaucratic and time-consuming process so we highly suggest devoting enough time to this process in advance. You can also resort to the expertise and know how of agencies specialized in this area. For a list click here.
For further information on visas and permit of stay, please visit one of the following websites:
www.esteri.it/visti/index_eng.asp
www.poliziadistato.it/pds/cittadino/stranieri/stranier.htm (in Italian)
Ministry of Labour and Social Security
(Ministero del Lavoro e della Previdenza Sociale) – list of regional department of labour offices
www.lavoro.gov.it/Lavoro/Direzioni/
Italian Embassy in the United States of America
Italian Embassy Washington
3000 Whitehaven Street NW
Washington, DC 20008
Tel. +1 (202) 612 4400
Fax +1 (202) 518 2154
Visa Office
Tel. +1 (202) 612-4423 / 612-4429
Fax +1 (202) 518-2141
visti.washington@esteri.it
www.ambwashingtondc.esteri.it
For a full list and contacts of consulate offices in US:
www.ambwashingtondc.esteri.it/Ambasciata_Washington/Menu/Ambasciata/La_rete_consolare/
b) Employing Foreign Staff:
Workers in the entertainment sector:
Employment of foreign staff in the entertainment sector (Artists, Performers, Directors or highly skilled staff) is subject to issuance of specific authorization by the Special Employment Office of Entertainment Professionals (Ufficio Speciale di Collocamento dei Lavoratori dello Spettacolo) (with headquarters in Rome and 3 branch offices in Milan, Naples and Palermo), with the approval of the Ministry for Culture, and issuance of a temporary
nulla osta by the provincial police authorities. Regarding social security contributions, foreign workers in entertainment are subject to the same conditions as Italian workers.
European laws and international conventions (bilateral accord on Social Security) have created several exceptions.
Their purpose is to avoid an employee having to pay Social Security in two countries at the same time, i.e. his country of origin and the country where he is temporarily employed
(employee on secondment).
Collocamento Nazionale Lavoratori dello Spettacolo
(Employment Office for the Entertainment Industry)
Via Cesare de Lollis, 12
00185 Rome, Italy
Tel. +39 06 444 87209; +39 06 444 87233
Fax +39 06 444 87903
info@listaspettacolo.it
www.listaspettacolo.it/
c) Employment of Minors
Minors’ employment is regulated by Law N. 977 of October 17, 1967, as amended by Legislative Decree 345/99 and 262/2000. The field of application of the law, which covers all minors, is divided into the following categories:
1) Children (i.e. minors) of both sexes under 15, or still subjected to mandatory schooling.
2) Teenagers (i.e. minors) of both sexes between the ages of 15 and 18, no longer subjected to mandatory schooling.
The Ministry of Labour and Social Security (Ministero del Lavoro e della Previdenza Sociale) through its own Provincial Labor Offices (Direzione Provinciale del Lavoro) can authorize the employment of children under 18 years of age for the preparation or the performance of shows and/or for filming, provided this does not involve any type of work which might be harmful to the child’s physical or psychological integrity.
The request of work permit must be made to the “Ispettorato al Lavoro” of the Provincial Labour Office, where the production company has its headquarter. The following documents are required for this application:
- Documents giving the child’s and his/her parents civil status
- Written permission of parents or legal guardians (plus photocopy of their IDs)
- School certificate and written approval of the child’s school principal if necessary (that depends by the number of working days)
- A health certificate for the child
- The script of the film
- Shooting schedule
The Inspector
(Ispettorato) will verify the morality of the role, the child’s state of health, working conditions for the child (environment, wages, days off, rest time, hygiene, safety, security, etc.), school attendance or tutoring and the ability of the child’s parents to supervise him during the shoot.
Hours which may be worked are also limited and vary according to the child’s age.
The Inspector
(Ispettorato) will then provide, if all criteria are met, the production company of a work permit that will contain all the details about minors, work place and work hours and that will have to be kept always on the set in case of an inspection by the same office during shooting.
Minors are divided into the following four categories:
1) Minors: newborn to 3 years of age:
- No make up may be applied, minor may not be in direct light, the minor cannot be exposed to noise above 70dba, and may not work for more than 3 hours per day on set. Parent supervision on set at all times.
2) Minors: 3 years to 6 years of age:
- Light make-up may be applied, minor may not be in direct light and can not work more than 4 hours per day. Parent supervision on set at all times.
3) Minors: 6 to 15 years of age:
- Minors cannot work for more than 7 hours per day and 35 hours per week. Very light make up, no direct exposure to strong lights and noises. Parent or delegate must be on set for the entire duration of filming.
4) Minors:15 to 18 years of ages:
- Minors cannot work for more than 8 hours per day and 40 hours per week.
Contact:
Ministero del Lavoro e della Previdenza Sociale
Direzione Generale per l’Attività Ispettiva
(Labor and Employment Office)
Via Cesare de Lollis, 12
00185 Roma, Italy
Tel. +39 06 46837273
Fax +39 06 46837909
SegrDGattivitaispettiva@lavoro.gov.it
www.lavoro.gov.it/Lavoro/md/AreeTematiche/vigilanza/uffici/
Social Benefit Legislation:
Social Security System in Italy
The Italian social security system is a contributory system. Workers in Italy pay a part of their income from employment to one of a number of national social security schemes. Employers also pay a contribution on behalf of employees. The rate of benefit payable generally depends on the contributions made and the period they were made for.
The main Italian insurance fund is the
National Social Security Institute (Istituto Nazionale della Previdenza Sociale) which is known by the acronym
INPS.
INPS is controlled by the Minister for Labour and Social Security.
INPS’s structure is the following:
- Central Office - located in Rome
- 20 Regional Offices - located in each regional capital city
- 95 Provincial Offices
Artists, technicians and all professionals working in the entertainment Industry (included permanent employees of production companies) pay social contributions to a specific institute:
ENPALS National Institute for Welfare and Assistance for Workers in the Entertainment Industry and Sport (Ente Nazionale di Previdenza e di Assistenza per i Lavoratori dello Spettacolo e dello Sport Professionistico).
As a rule, the Italian law applies to all wage earners, regardless of their citizenship, working on Italian territory.
European laws and international conventions (bilateral accord on Social Security) have created several exceptions:
The Bilateral Conventions
The Security bilateral conventions are international agreements through which two countries commit themselves to apply, in their own national territories, a Social Security Regime for those citizens migrating from another country.
The Conventions, in order to be legally recognized in the national context, must be approved by a national ordinary law. These are valid only for the underwriting countries and applied autonomously compared to the other conventions.
Italy has undersigned social bilateral Conventions with the following states: Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada - Quebec, the Vatican, Croatia, Jersey and Canal Islands, Macedonia, the Principality of Monaco, Republic of Cape Verde, Republic of San Marino, Federal Republic of Yugoslavia, Slovenia,
United States of America, Tunisia, Turkey, Uruguay, Venezuela.
Within the bilateral Conventions, the worker can submit his pension application in the country of his residence, or in the country where he has worked.
In order to simplify the procedure, the pension application can be submitted to the national social security authority of the country of residence and be considered valid in the other country of the convention.
It will be then the organization of the country where the application has been sent which will communicate to the pension Institution of the other country that the worker has submitted such application.
The request form is bilingual (in Italian and in the language of the country of the convention) and provided by the foreign social security organization. It must be filled in with personal data and information on the insured periods.
The main purpose of these conventions is to avoid an employee having to pay Social Security in two countries at the same time, i.e. his country of origin and the country where he is temporarily employed (employee on secondment).
For further information:
INPS
www.inps.it/
ENPALS
Viale Regina Margherita 206
00198 Rome, Italy
Tel. +39 06 854461
www.enpals.it
For US citizens:
www.socialsecurity.gov/international/ www.irs.gov/businesses/small/international/article/0,,id=97324,00.html
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