The government of Italy implements a new law that would be of advantage to Filipinos who are working without proper documents in their country. The new policy called “Sanatoria” would allow European and Italian employers to apply a work permit for their foreign employees/workers without legal papers. The Department of Labor and Employment (DOLE) encouraged Filipino workers in Italy to avail this privilege.

In a news article that appeared in the official DOLE website, Secretary Rosalinda Baldoz said, “The Italian government has always been a kind host for more than 100,000 Filipinos, including undocumented OFWs, majority of which are employed as household service workers and caregivers to Italian families. Some of them have been serving these families for many years now. The Sanatoria presents undocumented OFWs the opportunity to legalize their stay and finally let go of their constant fear of deportation.”

The Sanatoria or Legislative Law No. 109, started to be effective on August 9. Employers that are not Italian or European citizens but are holders of long-term permit to stay are also covered by the law.

Illegal migrant workers who can regularize their status in Italy through Sanatoria should fall under the following categories:  

·         continuously present in Italy on or before December 31, 2011

·         working for an employer for at least three months before August 9, 2012

·         working with the same employer at the time of the filing of application

·         household service workers and caregivers who are on part time employment working for at least 20 hours per week.

Nevertheless, the Sanatoria law contains some restrictions for employers who wish to regularize the status of their employees. Those wo had been accused of illegal recruitment, human trafficking, or prostitution are prohibited from filing application. The same goes to
employers who hired a worker from a foreign country before through direct hiring and those who have earlier filed an application under the old regularization process but were unable to complete the process. There is also an income requirement that employers must meet before they can apply for regularization.

In the case of the foreign workers, they need to present documentary proof that they have been staying in Italy before or since December 31, 2011. The proof should be issued by local police authorities, finance officers, municipal/provincial/regional public offices, hospitals, and other public entities.

To qualify, the worker should not have any criminal records as stated in the Article 380 of the Codici Procedura Finale and no record of illegal entry in the territory of Schengen Countries.

The fee for the application for regularization must be shouldered by the employer.