The flow decree 2022/2023 was published in the Official Gazette on 26 January 2023, for which a maximum quota of entries of 82,705 units was set , 44,000 of which are reserved for entries for seasonal work reasons.
How to enter Italy with the flows decree
Foreign citizens residing abroad can legally enter Italy by applying for work authorization through the 2023 flow decree. It
is necessary to have a job offer in Italy and therefore an employer residing in Italy is willing to hire a foreign worker.
Innovations introduced by the 2023 flow decree: verification at the employment centre
In addition to introducing the requirement of the “previous unavailability of a worker present on the national territory,” Art. 9 of the decree also introduces Art. 22 Paragraph 2 of the TUI.
In fact, the employer seeking to hire foreign nationals living abroad—even for seasonal work—must show that he has first confirmed at the appropriate employment centre that a worker already present on the national territory is not available.
The no impediment document must be verified before the application is submitted in order for it to be valid.
If the employer has self-certified, the application may still be submitted and will be accepted. Alternatively:
the lack of information from the employment centre regarding the discovery of a worker or workers who meet the required criteria. 15 working days minimum
The employer’s request for personnel must have expired;
The employer determines that the worker sent by the employment centre is unsuitable for the job position following the selection interview and prior to the request for authorization;
20 working days after the request was sent to the employment centre and the workers summoned for the interview did not show up, without justified reason.
The employer will then have to self-certify these circumstances through a substitutive declaration of the deed of notoriety which must be attached to the application for the no impediment document to work.
Seasonal workers and workers trained abroad do not require this prior verification of unavailability
The employer must promptly notify the employment centre of:
the outcome of the selection interview;
any information useful for the management of the request;
that the worker sent by the employment centre did not appear for the selection interview, nor did he provide a justified reason for the absence;
that the worker sent by the employment centre was not suitable for the selection interview; or
that the worker sent by the employment centre refused the contractual offer.
Employer ANPAL form for 2023 flows decree
To check the availability of workers already present in Italy, the employer must fill in a form which can be downloaded from the official Anpal website.
The employer, using the appropriate form, must specify:
- the qualification to be filled and the duties;
- the required requirements;
- the place and working hours;
- the type of contract;
- the duration of the employment contract;
- the expected salary or references to the national collective agreement applied.