International business

Hiring foreign workers in Italy: a guide for employers

For a company, hiring a foreign worker in Italy can be simple or very complex. It depends on who they are, where they come from and which permit they hold.

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More and more companies, in Tuscany and throughout Italy, are recruiting abroad. The procedure varies greatly depending on the worker’s nationality and the residence permit they hold. A mistake here is not just red tape: it can have criminal consequences.

EU citizens

Citizens of EU Member States can work in Italy without a residence permit. Hiring follows the ordinary rules: contract, mandatory notification of employment, social security formalities. After three months the worker must register with the municipality where they live.

Non-EU workers already in Italy

If the worker is already lawfully in Italy with a permit that allows work, such as a work permit, a permit on family grounds or an EU long-term residence permit, the company can hire them directly after checking the permit.

Some permits, such as a study permit, allow limited work and can be converted into a work permit under certain conditions.

Non-EU workers from abroad: the decreto flussi

To hire a worker who is abroad, the company must normally fall within the quotas set periodically by the decreto flussi. In outline:

  1. the employer applies online to the Immigration One-Stop Office for work clearance (nulla osta), within the set application windows;
  2. once clearance is granted, the worker applies for a visa at the Italian consulate;
  3. within eight days of entry, employer and worker sign the residence contract (contratto di soggiorno) at the One-Stop Office;
  4. the worker applies for a residence permit for employment.

In recent years preliminary checks have been introduced and, in some cases, certification of the requirements by professionals such as labour consultants.

Outside the quotas

Some categories can enter outside the quotas: for example highly qualified workers with an EU Blue Card, researchers and other roles listed in Article 27 of the Consolidated Immigration Act.

The risk of irregular employment

Employing foreign workers without a residence permit, or with one that has expired and not been renewed, is a criminal offence for the employer (Article 22(12) of the Consolidated Immigration Act), with heavier penalties in cases of exploitation. Checking documents before hiring is therefore essential.

The lawyer’s role

Alongside the labour consultant, who handles the formalities, a lawyer comes in when the right legal route has to be chosen, a refusal handled, a conversion set up or the company protected during inspections.

Read more: international business and immigration law, including for companies based in Amsterdam or Tirana.

Lawyer Ada Alia in her court gown in her Pistoia studio, framed diplomas behind her

Avv. Ada Alia

A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.

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