On October 11, 2024, Law Decree No. 145 entered into force. It is titled Urgent provisions concerning the entry into Italy of foreign workers, the protection and assistance of victims of labor exploitation, the management of migration flows, and international protection, as well as related judicial proceedings.
Approved by the Council of Ministers on October 2, the decree is divided into four chapters:
1. Amendments to the rules governing the entry of foreign workers into Italy:
This chapter was introduced by the Government with the aim of addressing certain irregularities that have emerged in the implementation of the mechanisms regulating labor migration flows. Several key changes have been introduced, including:
- Abolition of the quota mechanism under the Decreto Flussi previously reserved for the conversion of residence permits into permits for subordinate employment;
- Digitalization of procedures related to the signing and submission of the residence contract;
- Possibility to sign a new employment contract within 60 days of the expiration of the previous one, during the validity period of the work authorization (nulla osta);
- Employer Confirmation Requirement Prior to Visa Issuance and Rejection of Applications Due to Failure to Sign a Previous Residence Contract
- Pre-filling of work authorization applications, with early closure of the application process compared to the traditional click day.
2. Provisions for the protection of foreign workers who are victims of the phenomenon of caporalato, trafficking and exploitation (Articles 600, 601, 602, and 603-bis of the Italian Penal Code), as well as other measures to combat undeclared work:
Among the newly introduced measures is:
- The issuance of a residence permit for foreign nationals who are victims of illegal labor intermediation and exploitation (art. 18ter of Legislative Decree No. 286 of 1998)
- Measures to provide assistance and support to victims of labor exploitation (such as economic benefit, protective measures and surveillance equivalent to those for justice witnesses, admission to legal aid)
3. Provisions concerning the management of migration flows and international protection:
The third part of Decree contains a series of provisions addressing the regulation of sea rescue operations for migrants, the identification of undocumented migrants, and procedural rules. The most significant changes include:
- Restrictions on the regulation of sea rescue operations;
- An obligation for asylum seekers and irregular migrants to cooperate in the identification process;
- New cases in which border procedures may be applied;
- Amendments to the procedure for the recognition of international protection.