Italy: when the employer never signs the residence contract

When the employer that obtained the nulla osta never signs the contratto di soggiorno, the signed contract does not reach the Sportello Unico per l'immigrazione within 15 days of entry and the nulla osta is refused or revoked. Article 22 paragraph 5-ter of D.Lgs. 286/1998 exempts force majeure and delay not caused by the worker.

Paragraph 5-ter and the employer delay exception

Entry for subordinate employment in Italy follows a fixed sequence. The employer files the request, the Sportello Unico issues the nulla osta, the worker obtains the visa and enters Italy. The two parties then sign the contratto di soggiorno, and the signed contract goes to the Sportello Unico.

Paragraph 5-ter of article 22 covers the case where that last step does not happen on time. The consequence is refusal or revocation of the nulla osta. The provision carries two exceptions: force majeure, and delay not caused by the worker. When the employer is the party that fails to appear, the worker needs to be able to document the second exception.

For an HR office in Italy the risk also applies from the other side, when the company wants to hire a worker who entered on a nulla osta issued to someone else. The validity of that title depends on steps the first employer never completed.

The calendar in days

The deadlines in article 22 stack and leave little margin. The table lists the ones employer and worker have to meet.

The first risk comes before entry. If the employer does not confirm the request within 15 days of the visa check notice, the request counts as refused and any nulla osta already issued is revoked (paragraph 5-quinquies). The second is the 15 day window after entry, when the worker depends entirely on the employer turning up at the Sportello Unico.

What protects a worker who is not at fault

The same article contains the rules that protect the worker when the employer does not appear.

Paragraph 6-bis provides that until the contratto di soggiorno is signed, the nulla osta already allows the worker to work in Italy. A worker who entered lawfully is therefore not without a title in the days before signature.

Paragraph 5-ter sets an exception. A delay caused by the employer is not the worker's fault, and revocation does not follow automatically when the worker can show attendance and attempts to reach the employer. Written messages, appointment receipts and reports to the Sportello Unico are the useful evidence.

Paragraph 11 provides that losing the job is not a ground to revoke the residence permit, and the worker may declare immediate availability to the employment services. The rule concerns a worker who already holds a permit, but it states the principle the law applies to an employment relationship ended by the employer.

Checks on the employer before the request

Part of the no show risk is prevented by the checks the law already sets. Paragraph 5-bis requires refusal of the nulla osta when the employer has a conviction in the previous five years, final or not, for listed offences such as illegal labour intermediation. A company that takes over a worker, or works with an intermediary, needs to know the record of the employer that filed the request.

In practice, an HR office receiving a worker in this position should collect copies of the nulla osta and the visa, the entry date, evidence of attempts to contact the first employer and every exchange with the Sportello Unico. The housing requirement tied to the contract is covered in the piece on the housing suitability certificate, and the move from seasonal to subordinate work in the piece on seasonal permit conversion. Open roles in Italy are listed on the job board.

The current text of article 22 is published on Normattiva.