Domestic workers in Italy

As reported by the Domestic Labor Observatory, foreigners account for more than 70 percent of total domestic workers in Italy. A large proportion of caregivers come from Eastern Europe while among domestic helpers there are many women from the Philippines and Asia.

Below we will look in detail at who can define themselves as "domestic workers" in our country and how foreign nationals must regularize their presence in Italy in order to carry out these professions.

INDICE

• Who are the domestic workers
• Housekeepers and caregivers
• Entry into Italy and regularization of domestic workers
• The community domestic worker
• The non-EU domestic worker already residing in Italy
• Underage workers
• Casual workers

Who are the domestic workers

Domestic workers are those who devote themselves to caring for or managing the family business by performing a variety of tasks and activities that are stipulated by contract. Three specific areas of this profession can be distinguished :

• area of care,
• area of family services,
• directive area.

Based on the area in which a worker is placed, it is possible to determine the level of classification The information is critical in determining minimum wage, length of probationary period, and automatic career progression.

What are the grading levels?

These are contractual categories that are divided according to the prevailing duties, seniority, degree of responsibility, and professional qualification of the worker.

There are four grading levels namely A, B, C and D, each of which has two pay parameters: Simple and Super.

Level A

Includes workers with no experience or experience not exceeding 12 months. They perform general, manual or fatigue tasks of an executive nature under the direct supervision of the employer. They are divided into:

• Simple - general family worker in early training, cleaner, laundry worker, kitchen helper, stable boy, animal worker assistant, green area cleaner and waterer, common laborer;
• Super- attendant for mere companionship of self-sufficient persons, baby-sitter with occasional and/or occasional duties of mere supervision of children during absences of family members.

Level B

Includes workers with more than 12 months' experience who perform executive duties involving specific professional skills. They are divided into:

• Simple - multi-purpose worker, janitor, ironer, waiter, gardener, skilled worker, driver;
• Super-assistant to self-sufficient people (elderly or children), who also performs tasks related to food and housekeeping.

Level C

Includes workers with a specific professional skill that enables them to perform the activity independently and responsibly. They are distinguished into:

• Simple - cook, responsible for food preparation and procurement of raw materials;
• Super - caregiver to persons (elderly or children) who are not self-sufficient, without a professional degree, who also performs tasks related to food and housekeeping.

Level D

It includes workers with a professional degree in the specific field in which they work that enables them to perform tasks with full decision-making autonomy. They are distinguished into:

• Simple - administrator of family property, butler, housekeeper, head cook, head gardener, governess;
• Super - caregiver to persons (elderly or children) who are not self-sufficient, possessing a professional diploma or specific certificate (e.g., certified general nurse, geriatric caregiver), who also performs tasks related to food and housekeeping; house manager.

Workers who provide night care or guarantee night attendance constitute a separate category.

Housekeepers and caregivers

It is important to know the difference between domestic helpers and caregivers for the purposes of classification levels. A "caregiver" is defined as a worker who, within the home environment, is responsible for the care and assistance of a dependent person. It is classified in the contractual categories as follows:

• Level C super. Caregiver to dependent persons, including for the needs of food and cleaning of the house where the caregivers live.
• Level D super. Caregiver to dependent persons with responsibility, autonomy in decision-making and/or coordination including activities related to the needs for food and cleaning of the home where the caregivers live.

A "domestic helper," on the other hand, is defined as a worker who, within the domestic environment, is engaged in housekeeping and domestic cleaning and is classified in the contractual categories as follows:

• Simple A level. General workers with no work experience or work experience not exceeding 12 months.
• Level B simple.Workers with work experience of more than 12 months, without decision-making autonomy

Workers with specific degrees or high skills should not be classified as domestic helpers but in higher categories. If provided with diplomas they are to be configured as skilled employees.

Who are the specialized collaborators?

These are workers who possess a diploma in the specific field covered by their job. This can be obtained in Italy or abroad, provided it is equivalent, including with training courses having the minimum duration provided for by regional legislation and in any case not less than 500 hours. At the contractual level they are classified in Level D.

The Simple parameter includes:

• administrator of family property, performs duties related to the administration of family assets;
• butler, performs management and coordination duties related to all needs associated with services aimed at family life;
• housekeeper, performs coordination duties related to the activities of room maids, ironing, laundry, checkroom, and the like;
• head cook, performs management and coordination duties related to all requirements associated with food preparation and general kitchen and pantry duties;
• head gardener, performs management and coordination duties related to all needs associated with the care of green areas and related maintenance work;
• governess, performs duties of instruction and/or education of household members.

The Super parameter includes:

• caregiver to dependent persons, performs tasks related to the care of dependent persons, including, if required, activities related to the needs of food and cleaning of the home where the caregivers live;
• house manager, performs management and coordination duties related to all needs associated with the performance of the house.

Entry into Italy and regularization of domestic workers

In Italy, the hiring of foreign workers is regulated by the Flows Decree which is published annually by the government in the Official Gazette. This establishes the maximum number of foreign workers that can be hired based on the needs of the Italian market. After reviewing the Flussi Decree, an employer may hire a domestic worker provided that:

1. the employer demonstrates that it has sufficient financial means to meet the wage and insurance costs associated with hiring the worker;
2. the worker is resident abroad and has never been convicted, either in Italy or in the Schengen area, of crimes such as illegal immigration, exploitation of prostitution or drugs, robbery, theft, extortion, etc. In addition, he or she must never have been deported from Italy or the Schengen area;
3. the duration of working hours is not less than 20 hours per week and the minimum monthly salary to be guaranteed is at least equal to the amount of the social allowance for the reference year.

How to apply

The employer may hire the alien by submitting the application in his or her name for work authorization. The application must besubmitted online. Once registered, the employer must fill out the appropriate form for hiring domestic workers. This is a particular contract called a contract of residence, which, in addition to containing information regarding the hours, place of work and remuneration, commits the employer to certain obligations, such as:

• Ensure that the worker receives a monthly wage of not less than the minimum provided for social allowance;
• Ensure a weekly working time of not less than 20 hours;
• Demonstrate an annual income of at least twice the amount of the annual salary due to the worker to be hired;
• ensure the availability of suitable housing in accordance with public housing regulations or sanitation standards set by the Ministry of Health. When filling out the form, he or she must simply indicate that the housing is suitable. Later, when the worker goes to sign the residence contract, the certificate proving suitability must be shown;
• Undertake to pay the travel expenses for the worker's return to his or her home country and to report any changes concerning the employment relationship.

In addition, it will have to enter the payment identifier of a 16.00 euro stamp. Having acquired all the opinions, the Single Desk for Immigration convenes the employer to issue thefinal work authorization, the so-called clearance.

What documents must the employer submit when collecting the clearance?

• Photocopy of one's ID,
• Photocopy of the worker's passport,
• certificate of housing eligibility,
• Stamp used for telematic submission of the application.

Upon delivery of the clearance to the employer, the Sportello Unico also forwards a copy to the Italian Consulate in the worker's place of residence. Within 6 months of delivery of the latter, the worker must apply for a work entry visa. Within 8 working days of entering Italy , the foreigner must go to the Sportello Unico per l'immigrazione to sign the residence contract and apply for a residence permit.

The community domestic worker

European Union citizens enjoy the same rights as Italian citizens. In addition to the documents required for civil registration(if the period of work and therefore of stay in Italy is longer than 90 days), no additional documents are required at the time of employment.

The non-EU domestic worker already residing in Italy

This category of workers is only required to have a valid residence permit for work purposes or allowing the performance of work activities, namely:

• For non-seasonal employment purposes;
• for family reasons;
• for study reasons;
• For political asylum, humanitarian reasons, social protection.

The employment relationship may be fixed-term or indefinite.

Underage workers

In Italy, it is permissible to employ minors in family services at theminimum age of 16 years, provided that such employment is compatible with the special needs of health protection of the child and does not involve transgression of compulsory schooling. In this case, the necessary documents are:

• for hourly or half-time minors, the simple written permission of the person exercising parental authority;
• for minors under cohabitation, the written statement of the parents or those exercising family authority, endorsed by the mayor of the municipality of residence, consenting to the minor employee living with the employer's family;
• for all minors, the certificate of fitness for work, issued after the medical examination by the Health Officer, carried out by and at the expense of the employer at the local ASL.

Casual workers

The occasional work is characterized by the performance of the work activity on an occasional basis and the simplification of payment and has the following characteristics:

• the work performed must be occasional and not continuous;
• the total duration of the activity shall not exceed 30 days annually;
• annual compensation must not exceed 5 thousand euros;
• does not require the signing of an employment contract;
• Allows payment of salary and contributions by means of "labor vouchers" (vouchers);
• does not entitle to sickness, maternity, unemployment and family allowance benefits;
• does not allow the issuance or renewal of residence permits for employment purposes to non-EU citizens;
• the fee is exempt from any taxation;
• does not affect unemployed status;
• enjoys INAIL coverage in case of injury to the casual domestic worker.

Thus, a casual domestic worker can be defined as anyone who performs minor overtime domestic work, including home care for children and the elderly, sick or disabled.

Who can be hired for casual labor?

• Those unemployed for more than a year;
• housewives;
• students;
• retirees;
• the disabled;
• non-EU workers legally residing in Italy in the six months following job loss.

In any case, the employer must mandatorily notify Inps of the hiring, at least 24 hours before the start of the employment relationship (including the probationary period), even if it is a holiday.