Migrant Labour in Italy Country Report

Migrant Labour in Italy

March

2013 1ST INTERMEDIATE REPORT SUBMITTED FOR THE PROJECT “ORGANISED LABOUR AND MIGRANT WORKERS – IN SEARCH OF SUPPORTIVE PRACTICES: A COMPARATIVE ANALYSIS OF TRADE UNION REPOSNSES TO MIGRANT LABOUR IN SLOVENIA, AUSTRIA, ITALY, CROATIA, SERBIA AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”

Country Report

Ornella Urpis, Researcher

Marina Andeva, Researcher

ISTITUTO DI SOCIOLOGIA INTERNAZIONALE INSTITUTE OF INTERNATIONAL SOCIOLOGY GORIZIA

ISIG

v. Mazzini, 13 - I-34170 Gorizia - T. +39.0481533632 - www.isig.it - [email protected] 2

INDEX

1. INTRODUCTION AND ANALYSIS OF EXISTING STATISTICAL AND DEMOGRAPHIC DATA .................................... 4

1.1 GENERAL STATISTICAL AND DEMOGRAPHIC DATA ............................................................................... 4

1.2 DISTRIBUTION OF FOREIGN POPULATION BY GENDER .......................................................................... 6

1.3 SECTORS OF EMPLOYMENT ........................................................................................................... 7

1.5 NUMBER OF WORK PERMITS ISSUED PER YEAR ................................................................................ 10

1.6 INFO ON QUOTA SYSTEM ............................................................................................................ 12

2. MAPPING OF NATIONAL LEGISLATION .......................................................................................... 13

2.1 ITALIAN LEGISLATIVE FRAMEWORK IN THE FIELD OF EMPLOYMENT AND WORK OF ALIENS ......................... 17

2.2 INTEGRATION POLICIES AND INTEGRATION INDEX ............................................................................. 20

2.3 ACTIVE LABOUR POLICIES AND ACCESS TO SOCIAL SERVICES .............................................................. 24

2.3 POLICIES FOR WORK INCLUSION .................................................................................................. 24

3. RELEVANT ACTORS IN THE FIELD ................................................................................................. 25

3.1 TRADE UNIONS ........................................................................................................................ 25

3.2 SOCIAL COOPERATION ............................................................................................................... 26

3.3 THE ROLE OF ‘PATRONATI’ ......................................................................................................... 26

3.4 ENTREPRENEURSHIP AMONG IMMIGRANTS .................................................................................... 27

4. REFERENCES AND USEFUL LINKS .................................................................................................. 28

LIST OF TABLES TABLE 1 - Italians and Non-national resident in Italy, per territorial department (2001-2011) .......... 5

TABLE 2 - Foreigners employed per sector in the period 2009 - 2011 ................................................ 8

TABLE 3 - Employed (over 15) according to career and citizenship (in percentage). Year2011 ........... 8

TABLE 4 - Population according to citizenship and working condition (over 15). (in percentage and in

absolute values). Year 2011. ................................................................................................................ 9

TABLE 5 – Employed (15 years and above) per sector and citizenship (% of composition and

absolute values). Year 2011 ................................................................................................................. 9

TABLE 6 - Residence permits according to the reason of work, geographical area and main country

of citizenship and sex, 1 January 2007 - Males and females ............................................................. 10

TABLE 7 - Foreign population regularly present by reasons of stay, 1 January 2011 (a) ..................... 12

TABLE 8 – Overview of the main legal instruments in the field of immigration .................................. 20

TABLE 9 – Access to Employment Centres (CPI) ................................................................................. 24

TABLE 10 - Active policies promoted by Regions (from 2010 to 2012) ............................................... 25


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LIST OF FIGURES FIGURE 1 - Integration Index ............................................................................................................... 23

FIGURE 2 - Labour market access in Italy ............................................................................................ 23


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1. INTRODUCTION AND ANALYSIS OF EXISTING STATISTICAL AND DEMOGRAPHIC DATA

Current migration flows are mainly due to economic and demographic reasons. On the one hand

there are countries affected by a structural shortage of workers because of demographic

contraction, on the other hand there are developing countries with an unlimited manpower

supply. In the current phase of economic downturn, it is sensible to claim that the demand for

labour is imputable to the demographic structure of the European countries rather than to

reasons related to economic development (Cammarosano & Urpis, 2012, p. 51-61).

In recent years, the economic crisis, coupled with new nationalistic and xenophobic trends, has

produced an adverse atmosphere towards non-nationals which, consequently, has deterred from

new in-come flows (Cammarosano & Urpis, 2012, p. 51-61). Immigration is still a fundamental

element to both Europe’s economic development and demographic balance1. Foreign population

resident in Europe on the 1 of January 2011 amounts to almost 40 million people, which

represents 8% of the total population. The biggest part of immigrants (77%) lives in five countries.

Some of these are traditional immigration countries, as Germany, which accounts 11.3% of the

total foreign population resident in Europe, Great Britain (9.7%) and France (6.9%), while some are

concerned by immigration since recently only, as Spain (15.2%) and Italy (7.5%)2. In fact, migrants

always go where the manpower supply of the local population is too scarce and hence there is the

possibility to enter the labour market. Emigration countries are instead those where the

demographic dynamism has yielded a supply of manpower which overtakes the market capacity to

absorb such supply. The countries which originate the greatest number of emigrants are namely

China (35 million), India (20 million) and the Philippines (7 million)3.

1.1 GENERAL STATISTICAL AND DEMOGRAPHIC DATA

In Italy, immigration is a relative recent phenomenon. In 1981, only 211,000 foreigners were living

in Italy, which amounted to 0.4% of the total population. Ten years later, non-national amounted

to 0.6% of the people. In 2001, when the population of Italy was about 57 million, non-national

were 1 335 000.4

In the first decade of 2000, a sharp increase of the foreign population resident in Italy has

occurred, both in its value and in percentage. The growth of the foreign population has not

followed a regular trend. Rather, flows towards Italy have been mainly determined by Italian and

International legislation regarding immigration. In fact, flows reflect the decisions annually made

1 According to Eurostat, the population of the member States the impact of immigration has a fundamental effect on

demographic development in almost all European countries. While fertility is increasing slowly, it remains well below a level that would keep the size of the population constant in the absence of inward or outward migration. See Eurostat,2012. Key figures on Europe 2012. available at http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-EI-12-001/EN/KS-EI-12-001-EN.PDF at p. 31 2 See Ministry of Labour and Social Policies Italy, 2012. Second Annual Report on the migration labour market - 2012

Available at: http://www.integrazionemigranti.gov.it/Documenti/Documents/Lavoro/II_Rapporto_immigrati_2012.pdf 3 Data from the Division for Population of the Department for Economic and Social Affairs of the UN.

4 ISTAT, “La Popolazione Straniera Residente in Italia”, issued on the 22 of September 2011.

http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-EI-12-001/EN/KS-EI-12-001-EN.PDF

http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-EI-12-001/EN/KS-EI-12-001-EN.PDF


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by the governments concerning quotas of permits to be issued. At the beginning of 2011 (Table 1),

foreigners resident in Italy amounted to more than 4 million and a half (4 570 317), summing up to

7.5% of the total population5.

TABLE 1 - Italians and Non-national resident in Italy, per territorial divison (2001-2011)

Geographical breakdown

Italian residents 2001

Italian residents 2011

Foreigners residents 2001

Foreigners residents 2011

% Share of foreign pop. Ital

2001

% Share of foreign pop. Ital

2011

North 25.573.382 27.763.261 825.521 2.798.270 3,2 10,1 Centre 10.906.626 11.950.322 333.203 1.153.057 3,1 9,6 South 20.515.736 20.912.859 176.165 618.990 0,9 3,0 Italy 56.995.744 60.626.442 1.334.889 4.570.317 2,3 7,5

Source: Data from Istat on the 1 of January 2011, processed by SSRMdL of Italia Lavoro.

As shown in the table, the growth of the Italian population has been quite moderate, while the

one of the foreign population has been sharp, growing from 1.33 million in 2001 to 4.57 million in

2011. Immigration mainly occurred in the North of Italy, where the amount of non-nationals has

increased from 825 000 people (2001) to 2 798 000 (2011), and in the Centre (from 333 000 to 1

153 000). In the South, the number of immigrant residents is smaller by a greater extent, even

though the foreign population has grown here as well (from 176 000 to 618 000 persons). The

majority of non-nationals residents in Italy comes from another European country (50.8%), while

22.1% comes from Africa, 18.8% from Asia (in constant growth from previous the year) and 8.3%

from America. Among European countries, Romania is the one with the largest number of

emigrants coming to Italy: 997 000 Romanians are regularly resident in Italy, 28 424 people more

than the previous year. Other countries of origin are: Morocco (506 369), Albania (491 495), China

(277 570) and Ukraine (223 782)6.

Features and distribution of the flows of migration in Italy are differently distributed; the urban

areas of the North and of the Centre have been the major destination of these flows. In particular,

immigration is mainly an urban phenomenon: 37.1% of immigrants lives in cities; 8% of the foreign

population has settled in the province of Milano alone. Such a high concentration of immigrants in

some peculiar areas partly reveals the development of conflicting relationships among Italians and

non-nationals (or even among different immigrants’ communities), such as social strains and the

rise of movements or groups adopting xenophobic attitudes. The provinces where there is the

greatest number of immigrants are: Brescia and Prato (13.6%), Piacenza, Reggio Emilia, Mantova,

5 Idem

6 Data from: “Dossier Statistico Immigrazione Caritas/Migrantes 2012”, processed on data Istat. Other sources present

slightly different numbers, for example, for the beginning of 2011, foreign nationals in Italy were estimated to be 5.4 million, i.e. about 8.9 per cent of the population (Fondzione ISMU, 2011). Of these, 4.9 million have a regular migration status (i.e. hold a valid residence permit or other valid document allowing them to stay in the country), including 1.3 million EU citizens (Caritas/Migrantes, 2011). The foreign nationals in an irregular migration status are estimated to be between 440,000 and 540,000 (Fondazione ISMU, 2011). The reason behind the different numbers and data are mainly because of the indicators upon which the statistics of population are considered. The total number of foreigners’ residents can be different in comparison of those who have regular permit of stay in possession and those who are waiting for their official documents attesting their residence status. 6 See “Per un Approccio di Genere allo Studio delle Immigrazioni”, in Statistic Dossier on Immigration 2012.


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Modena (13%); in Roma the share of immigrants among the whole number of residents is about

10.6%. Generally, in the regions in the North-East the share of immigrants is about 10% of the

population, which means that every 10 inhabitants one is a non-native.7

The patterns of settlement vary among different national groups. Romanians, Albanians and

Moroccans (the largest groups) live all over the country – even though with various

concentrations’ rate, depending on the area-, while other national groups are more concentrated

in specific areas. In this regard, Chinese are strongly settled in some areas in the North and in the

Centre, as in Milano, Parma, Reggio Emilia, Prato and Firenze. In Prato there is especially a great

inference of industrial and commercial activities of the Chinese community, whose share in this

area is in fact about 39% of the whole foreign population. Filipinos are particularly numerous in

the urban areas, as Roma, Milano, Bologna and Firenze. People from Ecuador have mainly settled

in Liguria, where they alone represent 17.6% of the foreign population; Ukrainians are the main

ethnic group living in Campania (22.8% of the foreign population). In Sicily, 12% of the immigrants

are from Tunisia, being there the second largest group. Such differences in the patterns of

settlement of the foreign population are due to two intermingled factors: on the one hand, a key

element is the domino effect, as the choice of the place where to settle depends on the previous

experiences of family members or friends. On the other hand, also the ‘ethnicisation’ of labour

fields influences this choice. In fact, Filipinos, Peruvians and Ecuadorians tend to live mainly in big

cities and urban areas and are employed as family care givers (80% of the Filipinos, for example,

live in main towns such as Roma, Milano, Bologna and Firenze). Indians, Moroccans, Albanians and

Tunisians instead live mainly in minor towns, and are employed in the agricultural and in the

fodder fields8.

To conclude, immigration flows towards Italy show a decreasing trend because of the economic

crisis currently affecting the country. However, at the same time, the process of settlement of the

foreign population is becoming more and more stable. New entries, growing settlement, a high

birth rate and the increase of mixed families are all trends which enable the Italian society to

become more multiethnic and `intercultural´ in the next future (Cammarosano & Urpis, 2012).

1.2 DISTRIBUTION OF FOREIGN POPULATION BY GENDER

Gender balance of the foreign population varies from national groups, as a consequence of

different migration patterns. In general terms, the ratio between men and women is quite

balanced (non-national women are about 49.5% of the immigrant population), but this is not the

case among some specific national groups. In the first phase of immigration (1980s- early 1990s)

the presence of women was scarce, while in the current situation the scenario has sharply

changed. Immigrant women have on average 2.07 children, while Italian women have 1.33;

fertility rate of immigrant women is hence about 12%9. In particular, the share of women is great

7 Data from: “Dossier Statistico Immigrazione Caritas/Migrantes 2012”, processed on data Istat 8 See note 7. An analysis of small towns, following the ecological approach, is carried out in G. Carrosio “Un’Analisi

Ecologica della Presenza Immigrata nell’Italia Minore”, in G. Osti and F. Ventura “Vivere da Stranieri in Aree Fragili”, Liguori Editore, 2012. 9 See “Per un Approccio di Genere allo Studio delle Immigrazioni”, in Statistic Dossier on Immigration 2012.


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among Ukrainians (81.5%) and Moldavians (68.8%). Among Africans and Asian the presence of

men is bigger, with the exception of people from the Philippines, of which 58.7% are women, and

from Nigeria (53.8%). In the latter case, the strong presence of women is due to prostitution. The

smallest number of women is, instead, registered in the community from Afghanistan, among

which there are 4,402 women who hold a residence permit, which is 7.3% of the Afghans resident

in Italy. 10

1.3 SECTORS OF EMPLOYMENT

Immigrants’ inclusion in the Italian labour market has so far mainly concerned its lower sections,

also when referred to regular employment.

As a matter of fact, the procedure for regulating the access to national labour market are quite

strict and the process through which educational qualifications obtained outside the OSCE area

are recognised as valid is very selective. Moreover, enterprises require workforce which accept

such types of jobs, work hours and conditions which are no longer endured by Italians.

Contemporary labour market in fact demands the reception of immigrants as a structural

condition to function. Notwithstanding the technological development, the productive system, for

as it is, requires manpower to be employed in the industrial sector, in the low urban tertiary

sector, in agriculture and farming and in newly rising social demands, as elderly assistance and

home-care. Consequently, immigrants are mainly employed in the lowest categories of labour

market (the share of workers among Italians is about 40%, among EU immigrants is about 83% and

about 90% among non-communitarian immigrants).

According to Inail data, in Italy there are around 3,648,000 foreign workers in 201111. The sector

with the greatest number of foreign workers is the tertiary one, in particular the branch of

services, where 57% of the share of immigrants’ workers is employed. The industry sector takes up

29.6% of the foreign employees, but a decrease in occupation is detectable here as well. 8.5% are

instead working in the agricultural sector.12

Distribution

3 out of 4 foreign workers (73%) are employed in northern or central regions. The region of

Lombardia itself hosts one fifth of them. The region with the greatest number of immigrant

workers are: Lombardia (692,000,), Emilia Romagna (357,000), Lazio (349,000), Veneto (345,000)

and Toscana (252,000). Considering that also in the region of Piemonte the share of foreign

workers is high (228,000), the unequal distribution of employed immigrants is clear and it emerges

that immigrants tend to move towards the most productive areas.13

10 Traffic of human beings seems in fact to be particularly widespread among Nigerian women. According to IOM,

traffic of Nigerian women is mainly directed to North Africa, Saudi Arabia and Europe, and particularly towards Italy (G. Desiderato, “Le Migrazioni Nigeriane”, in “Sedicesimo Rapporto sulle Migrazioni”, Milano, ISMU, 2001.) 11

Inail refers to data gathered by fiscal code, hence it defines as “foreigner” people who were born abroad, wothout taking into account the criterion of citizenship. As a consequence, it may count Italians born abroad as well. 12

See note 7 13

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TABLE 2 - Foreigners employed per sector in the period 2009 - 2011

2009 2010 2011

Foreigners employed per sector

Agriculture and Fishing 8,7 8,8 8,5 Industry 31,9 29,9 29,6 of which building 13,2 12,1 13,0 of which steel industry 4,6 4,1 3,6 Services 55,9 57,7 57,0 of which hotels and restaurants 10,3 10,3 9,4 of which services for enterprises 11,1 11,3 11,5 of which services for people (care) 12,8 14,8 14,9 Non defined activities 3,5 3,6 4,9 Total 100 100 100

a.v. 3087023 3134843 3.647.903

Source: “Dossier Statistico immigrazione Caritas Migrantes”, 2012

In particular, one third of the immigrants have a non-qualified job – such difference is even

stronger among non-communitarian immigrants, among which the share of people with a non-

qualified employment is 36.2%, while it is 27% for immigrants from other European countries and

7.7% for Italian workers. On the other side, 1.5% of non-communitarian immigrants has a highly

qualified job, 3.8% of workers from the EU and 13.8% of Italians (see Table 3 below).

There is a big difference among natives and foreigners in technical jobs and in the clerical sector.

TABLE 3 - Employed (over 15) according to career and citizenship (in percentage). Year2011

Job Italians EU Extra UE Tot (Avarage)

Legal, directors, businessman

3,3 1,1 0,5 3,1

Highly qualified job 13,8 3,8 1,5 12,7 Technical job 19,2 6,5 2,3 17,7 Clerical worker 12,9 2,1 2,0 11,9 Qualified job in trade and services

17,1 21,5 20,9 17,5

Artisan, skilled worker and farmer

16,8 27,8 25,0 17,7

Certified technical workers

8,0 10,1 11,6 8,3

Non qualified job 7,7 27,1 36,2 10,2 Army 1,2 1,0 Total 100,0 100,0 100,0 100,0

Source: adapted from RCFL-ISTAT data by Staff SSRMdL from “Italia Lavoro”

Concerning professional conditions, 32.2% of non-communitarian immigrants are inactive, while

only 26% of immigrants from other European countries and 53.2% of the Italians. Among those

people who are in search of a job, there are more immigrants than Italians.

The national groups which have the highest number of employed people are the Philippines

(86.3%) and Ukrainians (74.7%).


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TABLE 4 - Population according to citizenship and working condition (over 15). (in percentage and in absolute values). Year 2011.

Citizenship Employed In search for employment

Inactives Total (=100%)

Italians 43,0 3,7 53,2 48.146.414 UE 65,3 8,7 26,0 1.133.765 Extra UE 59,5 8,3 32,2 2.539.702 of which: Albania 51,9 9,4 38,8 448.320 Morocco 47,9 12,9 39,2 306876 Ukraine 74,7 5,1 20,2 176940 Philippines 86,3 2,9 10,8 124.370 Moldovia 67,5 9,9 22,7 114.375 India 52,8 6,2 41,0 105255 China 67,6 2,2 30,1 99.011 Perù 67,7 6,5 25,8 92.745 Ecuador 67,8 9,4 22,8 92.451 Egypt 58,0 8,6 33,4 68.073 Tunisia 60,5 7,9 31,6 66.367 Pakistan 47,0 11,1 41,9 62.841 Bangladesh 59,1 4,9 36,0 59.851 Sri lanka 64,3 6,1 29,5 59825 Ghana 56,7 9,8 33,6 44.022 Total 44,3 4,1 51,6 51.819.881

Source: adapted from RCFL – ISTAT data by Staff SSRMdL from “Italia Lavoro”

If we look at how the foreign communities are located with respect to the labor market, we see

that there are some communities that fall in the area of public services, such as Ukrainians (64%),

Filipinos (72.5%), Moldovian (46.2%), Peru (47.2%) and Sri Lanka (42.8%). Employed from Albania,

Morocco, India, Egypt, Bangladesh, Pakistan and Ghana are absorbed by the Industry sector, with

the last two nationalities having shares of over 60%. The Egyptians also have a share equal to 31%

of jobs in Commerce, as the highest ever for this area. The highest elevation on the construction

industry is in relation to Chinese and is equal to 40.6%, while the most high for the public

administration. Education and health refers to citizens from Equador (15.4%) (See Table 5).

TABLE 5 – Employed (15 years and above) per sector and citizenship (% of composition and absolute values). Year 2011

Citizenship

Agriculture hunting fishing

Industry

Construction

Commerce

Hotel and Restaurant service

Transport Communic. Financial activities Other Business services

Public administration, education and health

Other public social services

Total (=100%)

Italians 3,6 27,8 15,0 4,9 4,8 16,7 22,0 5,3 20.715.762

EU 5,2 34,8 6,2 7,9 5,3 7,4 7,4 25,8 740.541 Non - EU 4,3 35,1 10,2 9,0 4,1 7,2 3,9 26,3 1.510.94

0 Albania 7,0 53,5 6,3 9,0 4,1 4,7 2,9 12,5 232.531 Morocco 5,2 44,7 19,0 7,6 5,6 6,5 2,2 9,2 147.105 Ukraine 1,7 12,5 4,3 6,5 2,2 4,2 4,6 64,0 132.217 Philippine 0,3 4,8 3,6 7,2 2,3 8,6 0,8 72,5 107.280 Moldavia 1,5 23,7 4,3 5,8 7,5 6,9 4,0 46,2 77.148 China 1,6 35,3 40,6 17,9 0,9 1,2 0,3 2,2 66.956 Peru 0,0 11,7 6,5 6,2 5,3 7,8 15,4 47,2 62.779 Ecuador 0,0 22,8 6,2 9,0 5,1 13,8 4,2 38,9 62.699


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India 22,0 44,4 5,0 7,0 4,7 2,5 1,7 12,7 55.586 Tunisia 18,8 41,1 10,9 10,6 5,6 4,0 4,0 5,0 40.156 Egypt 1,0 39,7 7,3 31,0 4,4 9,8 0,0 6,8 39.498 Sri Lanka 2,4 17,3 8,5 11,9 3,6 11,8 1,6 42,8 38.496 Bangladesh

2,9 35,5 26,9 19,4 0,5 2,9 0,2 11,8 35.384

Pakistan 1,5 62,7 12,0 5,0 8,2 5,8 0,8 4,1 29.529 Ghana 2,9 60,1 5,8 1,1 6,2 6,6 1,6 15,8 24.953 Total 3,7 28,5 14,4 5,3 4,7 15,8 20,3 7,3 22.967.2

43

Source: Elaboration from the Staff SSRMdL, Italia Lavoro of data taken from RCFL – ISTAT

1.5 NUMBER OF WORK PERMITS ISSUED PER YEAR

Since the early 90s and until 2007, the National Statistical Office of Italy (ISTAT) has developed and

released data on foreigners in possession of a valid residence permit of the Ministry of Interior.

This was done in order to achieve a quantification of the regular foreign presence. To this end it

uses the information taken from the residence permits issued by the Interior Ministry at least six

months after the issuance date. In addition to the residence permits in force from 1 January (each

year), in the statistics must be included also the documents of the residence permits submitted

within that date according to which the residence permits are subsequently issued, because of the

long time required for the completion of the practice of release. The statistical data compiled by

Istat are available starting from 1992. They offer a range of information on the foreign population

examining several demographic characteristics (gender, age, marital status) and on the grounds of

the presence in Italy. The detailed information extends to the geographical areas of citizenship for

immigrants, with particular reference to the most important community and the territorial

breakdown is necessarily limited to the NUTS3 level (i.e. Province) since the residence permit is

issued by the State Police at Police Headquarters.

TABLE 6 - Residence permits according to the reason of work, geographical area and main country of citizenship and sex, 1 January 2007 - Males and females

GEOGRAPHICAL AND COUNTRY OF CITIZENSHIP

Employment Self-employment Job search Total

EUROPE 617.547 66.166 24.271 707.984 European Union 290.168 30.157 17.746 338.071 - Europe 15 43.603 9.140 12.244 64.987 - Newly admitted member states 246.565 21.017 5.502 273.084 Bulgaria 10.084 898 173 11.155 Poland 50.154 2.660 1.974 54.788 Romania 172.247 15.742 2.872 190.861 Central and Eastern Europe 326.009 35.356 6.073 367.438 Albania 126.991 18.476 2.609 148.076 Bosnia - Erzegovina 9.647 1.757 149 11.553 Croatia 11.041 1.373 164 12.578 FYROM 19.662 3.456 324 23.442 Moldova 33.546 1.746 569 35.861 Russian Federation 6.115 1.107 160 7.382 Serbia and Montenegro 23.797 4.363 613 28.773 Ukraine 90.167 1.892 1.379 93.438 Other European countries 1.370 653 452 2.475 Switzerland 981 558 223 1.762 AFRICA 290.249 66.426 9.273 365.948 North Africa 199.933 49.048 5.602 254.583


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Algeria 9.939 1.934 308 12.181 Egypt 28.689 6.205 472 35.366 Morocco 125.205 34.626 3.890 163.721 Tunisia 35.724 6.138 915 42.777 West Africa 75.061 15.695 3.225 93.981 Ivory Coast 5.678 679 238 6.595 Ghana 15.515 848 563 16.926 Nigeria 12.748 3.736 628 17.112 Senegal 31.431 9.733 1.437 42.601 Eastern Africa 11.852 1.002 274 13.128 Etiopia 2.406 110 53 2.569 Mauritius 4.055 159 89 4.303 Somalia 1.509 417 62 1.988 Central and Southern Africa 3.403 681 172 4.256 ASIA 225.819 42.578 4.451 272.848 West Asia 4.042 2.840 76 6.958 Iran 958 1.143 32 2.133 Israel 187 230 4 421 Central and South Asia 104.169 11.371 2.361 117.901 Bangladesh 23.854 4.073 631 28.558 India 29.194 1.748 589 31.531 Pakistan 20.752 3.858 522 25.132 Sri Lanka 29.127 1.552 579 31.258 East Asia 117.608 28.367 2.014 147.989 Republic of China 57.781 25.808 1.160 84.749 Philippine 57.006 1.073 811 58.890 Japan 1.197 966 14 2.177 AMERICA 103.844 9.051 2.938 115.833 North America 8.052 905 28 8.985 United States 7.819 789 22 8.630 Central and South America 95.792 8.146 2.910 106.848 Argentina 1.723 499 55 2.277 Brazil 6.185 1.171 227 7.583

Colombia

5.372 577

177

6.126 Dominican Republic 5.956 385 224 6.565 Ecuador 34.691 1.587 893 37.171 Peru' 31.982 3.006 993 35.981 OCEANIA 223 133 5 361 Stateless 46 28 10 84

TOTAL 1.237.728 184.382 40.948 1.463.058

Source: State Statistical Office – ISTAT at http://demo.istat.it/altridati/permessi/index.html

Until 2007 Istat has prepared and distributed data on non-EU nationals holding a valid residence

document. Since 2008 it prepared a new series on residence permits which no longer include the

citizens of the newly entered countries into the European Union (Romanian, Bulgarian), for which,

by March 27, 2007, is no longer provided the issue of residence permit. Since the entry into force

of the Regulation (EC) 862/2007 on Community statistics on migration and international

protection Istat has worked with the Ministry of Interior to improve the quality of released data

from the information collected through residence permits. This has led, in recent years, a review

of the criteria for data processing, based on data provided by Eurostat for the statistical use of the

data permits.

http://demo.istat.it/altridati/permessi/index.html


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TABLE 7 - Foreign population regularly present by reasons of stay, 1 January 2011 (a)

Work Family (b)

Religion Elections Study Asylum Request for asylum

Humanitarian Health Other Total

1.054.659 691.256 25.076 6.243 40.833 16.747 3.798 35.842 4.303 18.571 1.897.328

Source: Data elaboration from Tavola 11.10 - Cittadini non comunitari regolarmente presenti per motivo della presenza, per regione e sesso, al 1° gennaio 2011. State Statistical Office – ISTAT at http://demo.istat.it/altridati/noncomunitari/index.html. (a) (b) Are not included those who have a long-term residence permit and are included in addition to individual residence permits issued for family reasons, children accompanied by an adult even if they are regularly present for other reasons

In 2011 for the first time Istat disseminates data on long-term residents (people who have a

residence permit or a residence permit for an indefinite period), which are now more than

1600.000 and represent almost half of the regular (documented) presence in the country. It is to

be noted that from 2008 Istat no longer gives data on the basis of the type of resident permit, but

distributes the data according to the type of work (employment, self-employment or in search for

employment).

1.6 INFO ON QUOTA SYSTEM

The Law no. 40/1998 regulates the quota system allocation and it consists of two steps:

1. a three-year program to plan the migration flows in the period of 3 years;

2. a decree (Decree flows) of the the President of the Council of Ministers to program

annually by 30 November of the year preceding the reference year, the maximum quotas

of foreigners to be admitted to the Italian territory (for employment, and independent

reunification family members).

In the event of missing publication of the decree on the available quota, the President of the

Council may issue one or more decrees transient, within the limits of the quotas established for

the previous year. These quotas are decided on the basis of the estimated need for foreign labour

as provided by local and regional labour offices of the Ministry, and employers’ association in each

region or province. The quotas have always fallen short of national estimates of demand for

foreign labour and applications to provincial labour offices almost always exceed the available

quotas (Triandaflyllidou & Kosic, 2005).

The quota system established by the Government through the Flow Decree (Decreto Flussi),

created with the aim to regulate the legal entry of immigrants, turned thus into an instrument for

the regularization of irregular immigrants. Five things did not change much in fact in the following

years. Bureaucratic obstacles slowed up procedures for regular immigration, and employers were

reluctant to employ people they had never met before. Applications are submitted though the

Italian post offices. If their applications which are signed and formally submitted by their

employers are accepted they have to leave Italy irregularly first, then they must obtain an entry

visa from the Italian consulate in their home country, and finally they can enter Italy regularly. This

is because according to Italian law employers should only apply for workers residing abroad. Since

http://demo.istat.it/altridati/noncomunitari/index.html


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2003 beneficiaries of reserved shares can also be citizens from any non-EU country who have been

granted a permit of stay (Paparella & Rinolfi, 2002).

The number of Quotas defined by the Government is given by the need of the labor market; for

this reason the Flow Decree can be issued twice a year if it turns out that more employees are

needed in the workforce, or, on the other hand once every two years. The applications can be

lodged only in the specific time of the year defined by the Decree and only till the quota is

reached. It is worth noting that the applications are processed on a “first-come first-serve” basis

and those applications that don’t fit in the number are rejected without any possibility of appeal.

The Decree of the President of the Council of Ministers of 16 October 2012 on the "Programming

transient influxes of non-EU workers for non-seasonal work in the State for the year 2012" was

published in the Official Gazette no. 273, November 22, 2012. In particular, the new decree sets a

total quota of 13,850 units distributed as follows:

1. 2,000 units for self-employment reserved for foreign citizens residing abroad in the

following categories: contractors who carry out activities of interest to the Italian economy,

professionals in related professions supervised or regulated but not included in the lists

maintained by the Public Administration;

2. 100 units for reasons of non-seasonal employment and self-employment for workers of

Italian origin from at least one of the parents to the third degree of the direct line of

descent, resident in Argentina, Uruguay, Venezuela and Brazil (art. 3) .

3. 11,750 units reserved for those who need to convert their permit already held for other

reasons into an employment permit. In this specific field dimensions were as follows:

• 4,000 places reserved for those who have a residence permit for seasonal work to be

converted into a residence permit for non-seasonal employment;

• 6,000 places reserved for those who have a residence permit for study, training and / or

training to be converted into a residence permit for non-seasonal employment;

• 1,000 places reserved for those who have a residence permit for study, training and / or

training to be converted into a residence permit for work;

• 500 places reserved for those who have a residence permit for EC long-term residents

issued not from Italy but from another EU Member State;

• 250 places reserved for those who have a residence permit for EC long-term residents

issued by another Member State of the European Union to be converted into a residence

permit for self-employment.

2. MAPPING OF NATIONAL LEGISLATION The first flow of immigrants into Italy started in the mid -1970s and included relatively limited

numbers of student and refugees from different countries. The significant increase in the number

of immigrants in Italy was witnessed after 1984, in the period when Britain, Germany and France

closed their borders to immigrants, and when flows were, therefore, partially diverted towards


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Southern Europe. The first comprehensive immigration law was introduced into Italian legislation

in 1986 (Law 943/1986)14. It regulated the entry of immigrants seeking employment and provided

amnesty for undocumented immigrants who could prove such employment. Since the idea behind

that law was that the immigration phenomenon was limited and transitory, it contained no rules

aimed at encouraging integration (Andeva, 2008).

The period between 1990 and 1996 was characterized by migration flows mainly from the Balkan

region and Eastern Europe. This was a period of transition for the Italian political system, political

crisis and corruption scandals, and the emergence of new parties being hostile towards

immigration (for example Lega Nord). Italian immigration policy also has to adjust to emerging

European migration Policy and the attention paid by northern EU Member States to the weak

borders of the southern European countries. Through Law 39/199015, most commonly known as

the “Martelli Law”, immigration began to be considered as a long term phenomenon in Italy. This

law defined special provisions regarding immigration, including the annual planning of migratory

flows, and certain norms regarding the rights and obligations of foreigners in Italy. These involved

their stay and work conditions as well as other matters concerning family reunification and social

integration.

The second half of the 1990s saw a major settlement of immigrants in Italy and a higher number of

requests for family reunification. The centre-left government in power between 1997 and 2001

tried to implement a new immigration policy (Law 40/1998). This was the so-called Turco-

Napolitano law or the Singe Text – Testo Unico – which set annual quotas for immigration flows

and established a set of measures and consultative bodies aimed at immigration integration.

Annual flows were to be based on triennial plans to be prepared by the government. Workers

could enter and stay in Italy under the following conditions: a) for seasonal employment (within

the annually defined quotas); b) if they had an offer of employment in Italy (again within the

annual quotas predefined by the government; stay permits for work purposes were initially issued

for one year); and c) if they were “sponsored” by an Italian or a foreign citizen legally residing in

Italy. Law 40/1998 stated that integration policies should ensure parity of access to public services

(J. Gibney & Hansen, 2005). This law was subsequently amended by Law no. 189/2002 and later

implemented by Presidential Decree 334/2004.

The immigration policy landscape has changed again since 2002, when the centre-right

government coalition at the time adopted a new, more restrictive law 189/2002 (known as the

Bossi-Fini law)16. This law specifies that all “social integration measures” are limited to legal

immigrants, and introduces a more repressive policy toward undocumented immigrant through

the use of compulsory repatriation. Conditions for issuing or renewing a permit vary in line with

the reasons for entering Italy (for example dependent employment, self-employment, family

reunification, study and so on). The residence permit cannot last more than the work contract and

14 Law n. 943, 30 December 1986

15 Law n. 39, 28 February 1990

16 Law n. 189, 30 July 2002


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a maximum period of nine months has been defined for seasonal workers, one year for temporary

workers, and no more than two years for other workers (that is for work on a self-employed basis,

work as an employee for an indefinite period and family reunification). Non-EU workers can enter

Italy on a “residence contract” (contratto di soggiorno). This is a contract of dependent

employment signed by the employee and the employer. Upon expiration of the contract, the

immigrant worker is allowed to stay in Italy for another six months in search of employment. It

also establishes a needs-test for foreign workers, similar to the one existing in other EU countries

such as Germany or Greece. The employer or legal resident able to take up the offer, the

prefecture authorizes the entry of a new non-EU worker.

Law No. 189 of 30 July 2002, known as the 'Bossi-Fini law' after the names of the politicians who

proposed it, amends the 1998 immigration law and introduces new clauses. The most significant

aspects of the law are as follows:

each year, before 30 November, the Prime Minister will lay down the number of non-EU

workers who can be admitted into Italy in the following year;

there are no limitations to entry into Italy for highly-skilled workers (university lecturers

and professors, professional nurses etc);

other non-EU immigrants will be allowed entry into Italy only if they have a 'residence

contract' (contratto di soggiorno) – i.e. a contract of dependent employment signed by an

employer (a firm or a family) and the immigrant worker. The contract must provide for

accommodation and the payment of travel expenses for the workers to return to their

country of origin. Italian embassies and consulates will issue entry visas only on these

conditions. When the contract expires, the immigrant worker must return to the country of

origin;

a specific immigration office is be set up in each province of Italy to oversee the entire

recruitment procedure for immigrant workers on both open-ended and fixed-term

contracts. Employers are able to recruit specific immigrant workers 'by name' or from lists

of immigrant workers held by Italian embassies and consulates abroad;

the new offices will also deal with applications for non-EU citizens to enter Italy for

purposes of family reunification. Only non-EU immigrants with a regular residence permit

will be entitled to present this kind of application with regard to their family members.

Only 'first degree' relatives will be admitted - spouses, children and parents over 65 years

of age with no other form of support;

residence permits issued for reasons of employment will last for a maximum of two years,

even if the worker concerned has an open-ended contract of employment. In these cases,

the immigrant workers must request a further temporary residence permit on the expiry of

the old one;

when their residence permit is issued, immigrant workers must provide their fingerprints;

after six years of regular residence in Italy, non-EU citizens with the necessary economic

requisites to sustain themselves and their families will be able to receive a form of

permanent permit instead of a temporary residence permit;


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irregular immigrants will be deported and accompanied to Italy’s borders. Deportation will

be immediate and will not be suspended even if the immigrant appeals to the courts;

suspected illegal immigrants stopped by the police will be taken to specific centers

controlled by the police. The authorities will try to discover their identity during the

following 60 days. If they are found to be illegal immigrants, they will be ordered to leave

the country within five days (a period they must spend in the centre). If they fail to do so,

the illegal immigrants will be arrested for between six months and a year or deported and

accompanied to the borders. If illegal immigrants return to Italy, they will be arrested and

tried by the courts;

non-EU minors living in Italy will obtain a residence permit once they reach adult age (18

years ) provided that they already have lived in Italy for at least three years and have

attended a social and civil integration programme provided by a public or private

organisation. This organisation must also guarantee that they have accommodation and

attend school or go to work. The number of residence permits issued on these conditions

will be subtracted from the pre-defined number of total annual permits; and

for irregular immigrants already in Italy, the law provides for an amnesty which will allow

the regularization of the position of those who have worked and lived in Italy for at least

three months.

The new law came into force on 26 August 2002. The national laws on immigration are

framework-laws, which means that actual programming, management and implementation are

delegated to the Regions. The Regions have therefore issued their own immigration legislation

within the framework law, according to the powers accorded to them by constitutional mandate,

and in accordance with the provisions governing relations with the local authorities: Provinces,

Municipalities and the health sector. The Regions have as such assumed direct management of

certain policies toward immigrants, such as regarding health, welfare, and employment. 17

According to the agreement between the Ministry of Interior and the Italian Post Office SPA,

pursuant to art. 39, paragraph 4 bis of Law 16 January 2003, n. 3, as amended by art. 1d of Law

November 12, 2004, 271, applications for the issuance and renewal of permits and residence

permits for non-EU citizens falling into specific categories must be submitted by the person

concerned at the post offices using the 'yellow stripe kit available at all post offices, the Unions

and the Municipalities enabled. At the time of submitting the application, the foreigner must

provide for the payment of € 30.00, as established by Decree of the Minister of the Interior on 12

October 2005. In accordance with the obligations under REG.CE n.1030 of 13 June 2002 laying

down a uniform format for residence permits, with effect from 1 January 2006, it is provided for

an electronic residence permit instead of paper. By decree of the Minister of Economy and

Finance, in consultation with the Minister of the Interior, is set the amount of € 27.50 for the

issuance of the electronic residence permit. Payment shall be made through bulletins available

and payable at any post office. From 30/01/2012 is in force the Decree implementing Law 94/2009

17 See Report promoted by the General-Directorate for Immigration at the Ministry of Labour, Health and Social

Policies, Italy


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"Provisions on public safety" which provides for the introduction of the supplementary

contribution for the purposes of the request for issuance and renewal of residence permits.

Applications made at the Post Offices from 30/01/2012, must also provide for the payment of the

contribution, if required, in accordance with local regulations.18

2.1 ITALIAN LEGISLATIVE FRAMEWORK IN THE FIELD OF EMPLOYMENT AND WORK OF ALIENS

Regular immigration to Italy is based on a quota system setting annual ceilings to legal entries.

Reserved shares are granted to single countries or categories of countries. Reserved shares have

been increased; they are used as an incentive to obtain the cooperation of countries of origin in

stemming irregular migration flows. The total quota of regular immigration has gradually

increased too. Still, it does not fully respond to the growing demand of foreign workers on the

labour market, and quotas seem to be used as crypto regularizations.

The regularization of the two types of irregular immigrant workers: employed as domestic workers

and home-helper; and dependent workers involved in other kinds of subordinate employment is

provided in a decree-law issued on 6 September 2002. The requirements that immigrant workers

in dependent employment must meet in order to qualify for regular stay are as follows:

the worker must have been employed by a company for at least three months;

the employer must commit itself to hiring the worker on an open-ended contract, or on a

fixed-term contract lasting at least one year;

the employer must pay the workers at least EUR 700 per month, plus EUR 100 in expenses;

and

within 10 days of the submission of the application for regular stay and of the relevant

documentation (which can be done through the post office) to the prefecture or the police

headquarters, the employer and the worker will be called by the local prefecture for a

meeting to sign the relevant papers.

For domestic workers and home-helpers, the requirements are as follows:

one home-helper may be regularized per family, but it is necessary to certify the presence

of old or disabled people who need assistance;

domestic workers and home-helpers must be paid at least EUR 439 per month;

the employer must pay a social security contribution to the National Institute for Social

Insurance (Istituto nazionale di previdenza sociale, Inps) of EUR 290 per month, plus EUR

40 in expenses; and

the prefecture will check all the documentation and will call the parties to a meeting for

the signature of the regularisation agreement and of the residence permit.

Foreigners who do not have a regular entry visa or a permit of residence are illegal immigrants and

as well as those who lost the conditions necessary to stay in Italy (i.e. expired and not renewed

permit of residence that they held when they entered Italy) are irregular immigrants. The removal

18 See Portale Immigrazione at http://www.portaleimmigrazione.it/

http://www.portaleimmigrazione.it/


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of the illegal immigrants cannot be immediate if: 1.) they must be rescued; 2.) their identity or

nationality must be checked; 3.) travel documents must be prepared; 4.) a suitable means of

transport is not available; 4.) they must be held, by order of the “ Questore” that must be

confirmed by the judge, in special Temporary Stay and Assistance Centers (art. 14 of the

Consolidated Act no. 286/98) for the time strictly necessary to their identification and removal.

The Ministry of the Interior takes all the measures which are necessary to enforce the removal

(also through agreements with other State administrations, local bodies, owners and licensees of

lands, buildings and other facilities) and to perform assistance operations.

Foreign citizens can enter the Italian territory for tourism, for study, for family reunification and in

order to integrate into the labour market, within the limits established by entry flows. The

foreigner must hold a visa that authorizes his entry and that must be sticked on his passport or on

another travel document. Visas are issued by Italian embassies and consulates in the country of

origin or in the country in which the foreigner is regularly residing. The foreign national who legally

enters Italy must apply for the permit of residence within eight working days. This document will

bear the same reasons for stay as those stated in the visa. It is possible to be granted the permit

for family reunification, when the applicant is a regularly residing foreigner who holds a residence

card or valid permit of residence for subordinate work, for self-employment, for asylum or for

religious reasons: its duration must not shorter than one year.

Upon the entry into Italy, the foreign national must hold a visa for work that is issued keeping into

account entry flows quotas established by decrees that are issued every year. In order to establish

a permanent, fixed-term or seasonal subordinate work relationship with a third-country national

who resides abroad, the Italian or regularly residing foreign employer must submit an ad hoc

request for authorization, bearing the name of the person, to the “Single Desk for Immigration”

that is competent in the place where the job will be performed. The foreign national who intends

to carry out an industrial, professional, craftsmanship or commercial permanent self-employment

job, or intends to establish a joint-stock or partnership company or to take up posts in a company

must possess the moral and professional requirements that law requires from Italian citizens for

performing their activities. 19

The nationals, who are already on the Italian territory for any other reason on certain occasions

and within the limits established, can perform a job activity by applying for the conversion of his

title of residence to the competent local police headquarters (Questura). The holder of a permit of

residence for study or training can perform: a subordinate job, once he has obtained the

authorization from the competent Single Desk for Immigration and the conversion of his permit of

residence; a self-employment activity after the requirement for self-employment entry have been

tested and after the permit of residence has been converted. The holder of a permit of residence

for seasonal work can perform permanent subordinate work, and having his permit of residence

19See the report on the Immigration in Italy from 2008, published by the Ministry of Interior at

http://www.interno.it/mininterno/export/sites/default/it/temi/immigrazione/english_version/

http://www.interno.it/mininterno/export/sites/default/it/temi/immigrazione/english_version/


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subsequently converted, only if the previous year he had got a permit of residence for seasonal

work and, upon its expiration, he has gone back to his country of origin.

The Territorial Councils for Immigration are essential bodies which locally monitor the presence of

foreigners on the territory as well as the capacity to absorb the migration flows. They constitute a

real resource for solving, together with different institutional and non institutional subjects, issues

related to migration, as well as for promoting integration initiatives and sending proposals, which

are worked out on the local scale, to the “centre”. Set up in all Prefectures by a Presidential

Decree dated 18 December 1999, they are chaired by the Prefect and made up of representatives

from the relevant local administrations of the State, of the Region, of Local Bodies, of the chamber

of commerce, of the bodies which are locally active in the field of assistance to immigrants, of

workers’ associations, of employers and of third-country nationals. The single desk for immigration

operates in each Prefecture and deals with foreign workers’ first recruitment and family

reunification issues. The Desk was set up as provided for by art. 18 of the “Bossi-Fini” law (which

amends art. 22 of the “Turco-Napolitano” law.

Seasonal work within a fixed term that can only be done in some periods of the year (for example,

in the agricultural or tourist sectors) by non-EU citizens is regulated by law with specific conditions

regarding quota as well as rights. The employer has to follow the same procedures as when

applying for regular fixed term and open-term employment. The Immigration Desk issues the

authorisation within 20 days of having received the request from the employer. The Nulla Osta is

valid for at least 20 days up to a maximum of nine months from the date on which the contract is

signed.

Admission for self-employment or for specific categories (researchers, entrepreneurs who perform

activities of interest to the national economy, freelancers, associates and managers of non-

cooperative societies, international artists and highly qualified professionals hired by public and

private corporations) is conditional on having adequate accommodation and financial resources to

carry out the work. The quota reserved for these workers is usually very limited. To obtain a

Permit of Stay for Self-Employment one needs a visa for self-employment and to have sufficient

financial means at one’s disposition. Furthermore, the proposed activity must not be reserved to

Italian or EU citizens by law.

The duration of the residence permit cannot exceed:

a total of nine months if the foreigner has one or more contracts for seasonal employment;

one year if the worker has a fixed-term contract for regular employment;

two years if the worker has an open-term contract for regular employment;

two years if the worker has a contract for self-employment;

For renewal, a request has to be sent from an authorised post office and addressed to the police

of the province of residence (Questura), according to the following deadlines:

at least 90 days before expiry of the permit of stay, if the worker has an open-term

contract for regular employment;


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60 days before the expiry of the permit of stay, if the worker has a fixed term contract of

stay for regular employment;

30 days before the expiry of the permit of stay in all other cases. In general, renewals cover

a period no longer than that of the original permit of stay.

In July 2012 Italy adopted Legislative Decree No. 109 of 16 July 2012 (the “Rosarno Law”), which

introduces some aggravating factors to the crime of employing irregular migrant workers,

including the case of ‘particularly exploitative working conditions’, as well as the additional

financial sanction of payment of the cost of return of the worker to their country of origin.20

Importantly, the Law provides also for the granting of a residence permit for humanitarian reasons

to the migrant workers who are victims of ‘particularly exploitative working conditions’; to this

purpose, however, they are required to report their employer to the authorities and cooperate in

the criminal proceedings against them.21

TABLE 8 – Overview of the main legal instruments in the field of immigration

Numerical identification of the legal instrument

Original Title

Law 943/1986 COLLOCAMENTO DI LAVORATORI - Norme in materia di collocamento e di trattamento dei lavoratori extracomunitari immigrati e contro le immigrazioni clandestine.

Law 39/1990 Conversione in legge, con modificazioni, del decreto-legge 30 dicembre 1989, n. 416, recante norme urgenti in materia di asilo politico, di ingresso e soggiorno dei cittadini extracomunitari e di regolarizzazione dei cittadini extracomunitari ed apolidi gia' presenti nel territorio dello Stato. Disposizioni in materia di asilo

Law 40/1998 Disciplina dell'immigrazione e norme sulla condizione dello straniero Law 189/2002 Modifica alla normativa in materia di immigrazione e di asilo Legislative Decree No. 109 of 16 July 2012

Attuazione della direttiva 2009/52/CE che introduce norme minime relative a sanzioni e a provvedimenti nei confronti di datori di lavoro che impiegano cittadini di Paesi terzi il cui soggiorno e' irregolare

Source: Authors’ elaboration

2.2 INTEGRATION POLICIES AND INTEGRATION INDEX

Although the history of immigration into Italy is a relatively recent phenomenon, it can be divided

into different phases or periods in relation to the number and socioeconomic features of the

immigrants, their absorption into the labour market and the immigration policies adopted by the

Italian state. In contrast to other EU countries, immigration to Italy did not begin in a period of

reconstruction and economic development. Rather, it took off during a period of economic

recession characterized, among other things, by an increase in the rate of unemployment (Andeva,

2008).

20 Art. 1.1, Legislative decree No. 109 of 16 July 2012, Transposition of the Directive 2009/52/CE (“Rosarno Law”),

implementing the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals. 21

Art. 1.1, Legislative decree No. 109 of 16 July 2012, Transposition of the Directive 2009/52/CE (“Rosarno Law”), introducing Art. 22.12-quater of the Consolidated Law on Immigration.


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As early as 1989, immigration laws set up structures and channels that have encouraged civil

participation of immigrants in consultative bodies at the municipal, provincial, regional and

national levels. Particularly relevant for the promotion of immigrants’ civil participation was Law

40/1998. This law includes provisions for the support of immigrants association, through

governmental bodies, NGOs and non-profit associations, which assist both the social integration of

immigrants and the promotion of “knowledge and (the) valorization of cultural, social, economic

and religious expressions of legally resident immigrants…” (Art 40). Furthermore, of great

relevance was the implementation of Art 3 (paragraph 6), which stated that representatives of

immigrant association should take part in Territorial Immigration Councils. According to Article 57

of Law 40/1998, immigrants association must be represented in these Councils by at least two

members, and another two members must be Italian citizens representing volunteer associations.

Nonetheless, the wide range of consultative bodies instituted at the local, regional and, to a

certain extent, national level have not significantly contributed to increasing the political

involvement and/or influence of immigrants even though they have institutionalized their

involvement in local issues. Such integration and immigrant civic participation is given scope to

function bottom-up through non-state agencies such as the Church, non-governmental

organizations and trade unions. Their networks are active in various fields ranging from primary

assistance to new immigrants, including those who arrive undocumented, to a wider range of

social services (such as assistance in dealing with the national bureaucracy, organization of cultural

festivities, or courses in the Italian language). Immigrants actively engage in these organizations

either as appointed or as elected members (Triandafyllidou & Gropas, 2007).

Immigrants are also active in ethnic associations. The number of associations varies among

immigrants groups. Nonetheless, these associations are an important referent, both for

communities to which they belong, and for the local institutions, since they may represent

immigrant populations in the consultative bodies mentioned above as well as in instances of

formal social dialogue. The immigrants’ associations field of action is focused on the reproduction

and protection of the culture of origin, or to offering assistance to immigrants.

The quick increase in the number of immigrants, who regularly stay in Italy, required the

implementation of initiatives aiming at the promotion of a mutual knowledge, for the

recognition and the respect of the different cultural identities. The State, Regions, Provinces and

Municipalities, in the framework of their own competences, favour the following initiatives:

the diffusion of any kind of useful information with the purpose of a

positive integration of aliens in the Italian society, such as the knowledge of their own

rights and obligations, the opportunities of integration and growth from the personal

point of view and at the level of the relevant communities, offered by the

public administrations and by the associations, as well as the possibilities of a positive

reintegration into the country of origin

the knowledge and the enhancing of the cultural, recreational, social, economic and

religious expressions of those aliens who regularly stay in Italy as well as each initiative of


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information about the reasons for immigration and of prevention of racial

discrimination (Art. 42 of the Legislative Decree 286/98)

There are also centers for temporary stay and assistance. These centers take in the aliens

whenever a first aid intervention is necessary or it is regarded as advisable to proceed with further

checks on their identity. They are the structures, where the local Chief of Police (Questore)

temporarily transfers the illegal migrants in the following cases : when it is not possible to

immediately proceed with the removal by means of the turning back to the border; when it is

necessary to proceed with the assistance of the alien, who is the holder of a removal measure;

when it is necessary to proceed with further checks on his/her identity or nationality ; when it is

necessary to acquire the documents which are necessary for the journey; when no other means of

transportation are temporarily available. The assistance activities in favour of the illegal migrants,

who have to be removed, are carried out, in the full observance of their dignity, by ensuring also

the free correspondence with outside, by means of the phone too. The maximum length of time

for the stay of the aliens in the centers is of 60 days as a whole (30 days plus further 30 days by

request of the local Chief of Police and on the grounds of the subsequent measure of extension of

time by the competent judge). The Centers are planned and localized by the Central Direction of

the civil services for immigration and asylum and are managed by the competent Government

Local Administrations (Prefectures), by means of financial agreements with bodies, associations or

cooperative societies, which have won the contracts of the service. These are the cervices which

have to ensured by the financial agreements in the centers: 1.) General service in favour of the

persons; 2.) Health assistance; 3.) Social assistance and linguistic cultural mediation; 4.)

Administrative, store activities, and so on; 5.) Delivery of personal and bed- belongings; 6.) Food;

7.) Cleaning and room hygiene service; 8.) Maintenance of the structure and of the plants. (Anon.,

2008)

Migrant Integration Policy Index (MIPEX) measures policies to integrate migrants in 25 EU Member

States and three non-EU countries. Figures 1 and 2 presents the integration index provided by

MIPEX for Italy.22

Italy grants migrant workers the second most favourable eligibility to access the labour market,

after Sweden. It receives the same scores as Spain, Portugal and Switzerland. Non-EU migrants

have equal access to employment and self- employment as EU nationals. Italy would attain best

practice on eligibility if migrants' skills and qualifications were recognized under the same

procedures as for EEA nationals.

22 Migrant Integration Policy Index at www.mipex.eu

http://www.mipex.eu/


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FIGURE 1 - Integration Index

Source: Figure generated by the ‘Play with the data’ platform of Migrant Integration Policy Index at

http://www.mipex.eu/play/

Although Italy provides programmes in migrants' countries of origin, labour integration measures

in Italy are rather limited. Migrants do, however, enjoy equal access as EU nationals to vocational

training and study grants. Once employed, migrant workers enjoy security and rights as workers

which both reach best practice. The same is true in seven other MIPEX countries.

FIGURE 2 - Labour market access in Italy

Source: Figure generated by the ‘Play with the data’ platform of Migrant Integration Policy Index at





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2.3 ACTIVE LABOUR POLICIES AND ACCESS TO SOCIAL SERVICES

With reference to work inclusion, non-national workers are subject to the same measures as other

categories of workers are. However, especially in recent years, specific programmes are tailored

for foreign employees in order to foster their work inclusion.

In Italy, the intermediation system between the productive sector and the labour force does not

include a peculiar way for the funding of foreign workers. Namely, the set of services for labour is

still a point of reference both for working reallocation and for access to active policies.

Employment centers (CPI) play also the role of providing active protection: the foreign worker who

is searching for a job takes up the status of “unemployed”. By so doing, he/she is guaranteed with

rights and benefits defined by law. The analysis of the levels of access to such bodies provides

consequently important preliminary information about people’s participation to active policies by

foreign workers. ISTAT data from “Rilevazione Continua sulle Forze Lavoro” on access to public

services reveal that in 2011, 124 000 foreigners (non-EU) have been in touch with the employment

system, which is 58.7% of the share of foreigners searching for a job (about 211 000). Almost 87

000 foreigners who are unemployed have never had a contact with an Employment Centre. From

this data it becomes clear that a policy addressed to integrate foreigner population is still missing.

TABLE 9 – Access to Employment Centres (CPI)

CITIZENSHIP People in touch with a CPI

People who has not have been in touch with a CPI

Total % of the share of people searching for a job having been in touch with a CPI

Italians 1.398.805 398.855 1.797.660 77,8 From EU 54.938 44.072 99.009 55,5 Outside EU 123.931 87.181 211.113 58,7 Totale 1.577.674 530.108 2.107.782 74,8

Source: Elaboration by SSRMdL di Italia Lavoro from data taken from RCFL-ISTAT

2.3 POLICIES FOR WORK INCLUSION

There are not any national measures fostering work inclusion, so that many regions have

autonomously provided policies in this field, often thanks to the support of programmes funded

by the European Social Fund. However, it Is difficult to comprehend the extent to which such

measures have been effective, because they have targeted different issues. Most of them were

aimed to tackle young immigrants’ unemployment, recently graduated or disadvantaged

categories.

These programmes have involved over 90 000 workers. Such actions have mainly regarded three

kinds of policies:

1. Professional and linguistic training;

2. Subsidies for enterprises’ start-up;

3. Access to social services aimed to the entrance in labour market.


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In detail, subsidies for enterprises’ start-up have been promoted by the region of Basilicata, Lazio

and Marche; support to training instead has been promoted by all the other regions which have

taken part in these projects (Cammarosano & Urpis, 2012).

The pattern of these actions indicates a high degree of integration between social and work

policies, common feature of all the measures funded by the ESF. It clearly emerges the increasing

attention paid to immigrants as a specific policy-target in Regions’ concerns.

TABLE 10 - Active policies promoted by Regions (from 2010 to 2012)23

Region Number of Actions Typology of Action Fund

Abruzzo 4 Training POR-FSE 2007-2013 Basilicata 2 Subsidies for enterprises’ start-up POR-FSE 2007-2013 Calabria 1 Training POR-FSE 2007-2013

Campania 2 Subsidies for enterprises’ start-up, training POR-FSE 2007-2013 Lazio 47 Training; subsidies for enterprises’ start-up; subsidies

for employment; services to enhance labour market inclusion

Fondo Bilancio Provinciale POR-FSE 2007-2013

Fondo Bilancio Regionale Marche 26 Training; subsidies for enterprises’ start-up; subsidies

for employment Fondo Bilancio Provinciale

POR-FSE 2007-2013 Piemonte 1 Training POR-FSE 2007-2013

Prov. Aut. Bolzano 2 Subsidies fot employment Puglia 7 Subsidies for employment; training, services to

enhance labour market inclusion Fondo Bilancio Regionale

Sicilia 9 Training; services to enhance labour market inclusion POR-FSE 2007-2013 Toscana 6 Training; services to enhance labour market inclusion POR-FSE 2007-2013

Val D’Aosta 5 Training; services to enhance labour market inclusion POR-FSE 2007-2013

Source: “Progetto Governance regionale – Italia Lavoro”

3. RELEVANT ACTORS IN THE FIELD 24

3.1 TRADE UNIONS

Since the second half of the 1990s, a gradual but steady increase in the number of non-native

workers enrolled in Italian trade unions has occurred, and especially regarding confederations of

trade unions. At the same time, trade unions have broaden the range of tasks they provide to this

particular typology of customer, i.e. fostering the social inclusion of immigrants by granting them

access to social services as housing. In addition, trade unions have also enhanced a set of

strategies addressed to those categories of workers which are usually considered as `structurally

weak´, as referred to hard and dangerous labour, scarcely paid and socially disadvantaging jobs.

Workers who performs these kinds of jobs are in fact more vulnerable, and are more likely subject

to injuries related to work.

However, between 2010 and 2011 (there are no data available concerning 2012), this trend

lessens. As a matter of fact, the number of non-native employees enrolled in Italian trade unions

goes from 1,002,290 in 2010 the total number of foreign workers enrolled increases to 1 011 606

23 Here only those regions which have undertaken measures in favour of non-communitarian immigrants are

considered. 24

Data presented in this chapter are taken from “Dossier Statistico Immigrazione Caritas/Migrantes 2012”, processed on data Istat


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in 2011. This means that the growth of the share of immigrants in Italian trade unions is quite

weak, as it is of only 0.1%: in 2010 8.0% of the workers regularly subscribed in trade unions are

immigrants, in 2011 they are 8.1% of the total.

Nevertheless, the decrease in the number of employees registered in trade unions concerns Italian

workers as well: such tendency is in fact due to the economic crisis which enhances a general

contraction of regular labour. However, the decrease mainly concerns two of the confederations

of trade unions, namely Cisl and Uil (whose losses are, respectively, about 0.4% and 0.3%), and

less another influential trade union, Cgil. Within the latter confederation, the number of foreigner

workers registered has actually increased by 2.9% - which, however, is less than the growth that

occurred the year before, when the share of immigrants had grown by 5.5%.

Other differences among the confederations can be detect: first of all, until 2008 Cgil regarded as

`foreigners´ only people not from the EU. As a consequence, a comparison between Cgil data and

data from other trade unions are possible only since 2009.

Secondly, also the criterion to define who is a foreign worker differs among the Italian trade

unions: Cgil and Uil consider in fact as `foreigners´ those people who actually were born abroad,

while Cisl considers citizenship as the hallmark.

Moreover, the quota of retired people enrolled in the trade unions is different: it is high among

subscriptions for Cgil, lower for Cisl and Uil. Such feature is relevant for the results of our analysis

because non-native members are mainly active workers (i.e., more than 60% of the people

registered in Cgil was under 35). As a matter of fact, to compare such data to data collected in

other trade unions where the quota of active workers is lower alters the results.

However, it is possible to claim that the share of foreigners among active workers enrolled in

Italian trade unions in 2011 was about 14.8% of the total. The situation is similar among the three

major trade unions in Italy: Cgil had 15.5% foreigners among its member, Cisl 16.7% and Uil 16.4%.

The level of participation to trade unions among non-native is higher in the northern regions of

Italy (52.6%). In particular, Cgil has a bigger number of people enrolled in the North-East and in the

Centre, while Cisl has more subscriptions in the South and in the Islands (Sicily and Sardegna).

3.2 SOCIAL COOPERATION

Data about the participation of foreign workers in cooperatives are incomplete and not always up-

to-date. Data from “Legacoop Servizi” reveal that the share of non-native employees in the three

main sectors (multi-services, restoration and import/export) is about 10%. Other data claim that

over 25% of workers in agricultural and food cooperatives are foreigners.

3.3 THE ROLE OF ‘PATRONATI’

`Patronati´ are bodies promoted by trade unions or workers associations. They have been

established in 1947, and reformed in 2001, to support customers in dealing with procedures

concerning social services, especially injuries and social assistance. `Patronati´ now also help by

conveying the acknowledgment of rights and by giving assistance in case of controversy.


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`Patronati´ are usually set within firms and they work along with social services and other public

bodies. 29 `Patronati´ are currently legally recognised, and they include a net of 21,838 offices.

In regards of immigrants, `Patronati´, beyond their usual tasks of social security support, also offer

help in processing procedures regarding residence permits and the system of quotas, as well as

measures to regularise the staying.

According to an Ispo survey released in 2011, `Patronati´ are well acknowledged and appreciated.

In particular, people are well aware of the service on pensions (95%), while less on procedures in

favour of immigrants (47%).

3.4 ENTREPRENEURSHIP AMONG IMMIGRANTS

Entrepreneurship of the immigrant population has been growing even in 2011, during the

economic crisis tackling Italy. Moreover, such growth went along with the increase of occupation

among immigrants, which means that entrepreneurship is not an alternative to scarce

employment, but rather an effort to ameliorate one’s living condition.

According to Unioncamere, in 2011 foreigner businessmen were over 400 000. However, other

data claim there are 294,464 non-native people who hold an enterprise in Italy. Nevertheless,

from 2005 to 2011 the number of businessmen with non Italian origins has more than doubled.

Foreign enterprises are mainly:

1. rooted in specific areas (Lombardia, Tosocana, Lazio, Emilia Romagna, Piemonte and

Veneto). In fact, 76% of firms held by immigrants are settled in these regions; Lombardia

alone hosts 22.6% of the total.

2. active in a limited number of production area, as 71.9% of firms held by immigrants is

active either in construction industry (36.2%) or in trade (35.7%).

3. held by specific ethnic communities, as 56.3% of firms’ holders come from Morocco,

Romania, China or Albania).

In regards to the type of firms in 2011, the data show that 66% are held by individuals; 17.2% are

partnerships; and 16.2% are corporations. Two thirds of foreign enterprises earn less than 500 000

euro; 19.2% earn between 500,000 euro and 1 million; 14.9% between 1 million and 5 million

euro; 2% between 5 million and 10 million euro and 3.7% earn over 10 million euro.

Another feature of foreigners’ entrepreneurship is the specific difficulties immigrants’

businessmen encounter in finding and obtaining financial loans: one out of four loan requests

made by immigrants is namely refused. However, immigrants usually remedy this impasse by

collecting money through familial and ethnic bonds.

However, what is important is the rise of an industry sector lead by immigrants, which contrasts

with the trend of almost all Italian firms which are struggling with the current economic crisis.


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4. REFERENCES AND USEFUL LINKS

4.1 LITERATURE

Andeva, M., 2008. Immigration Law: EU-legal framework and national legislation of two selected Member States. IUIES Journal Vol.2 Num.3, December 2008, pp. 385-467.

Carrosio, G. 2012. Un’Analisi Ecologica della Presenza Immigrata nell’Italia Minore, in G. Osti and F. Ventura. Vivere da Stranieri in Aree Fragili. Liguori Editore

Desiderato, G. 2001. Le Migrazioni Nigeriane. in Sedicesimo Rapporto sulle Migrazioni. Milano: ISMU

Feltrin, P. e Pero, L., 2008. Immigrazione, dualismi nel mercato del lavoro e dilemmi di policy, in Sviluppo e Organizzazione, Num. 230, pp. 20-39.

Gibney, J.M. & Hansen, R., 2005. Immigration and Asylum: From 1900 to the Present. Volume 1. California: Abc-Clio, Inc..

Paparella, D., & Rinolfi, V.,2002. Regularisation of immigrants workers started. European Industrial relations observatory on-line

Triandaflyllidou, A. , Kosic, A., 2005. Active Civic Participation of Immigrants in Italy. Oldenburg: project POLITIS

Triandafyllidou A., Gropas R., 2007. European Immigration: A Sourcebook, Ashgate Publishing, Ltd Cammarosano, P. & Urpis, O., 2012. Patrie, migrazioni e culture. Aquileia e l’Europa nel tempo.

Udine: Casamassima editore

4.2 OFFICIAL REPORTS (ONLINE)

Amnesty International, 2012. Exploited labour: Migrant workers in Italy’s agricultural sector. London: Amnesty international ltd, Peter Benenson House

Anon., 2008. Immigration. [Online] Available at: http://www.interno.it/mininterno/export/sites/default/it/temi/immigrazione/english_version/ [Accessed March 2013]

British Council (2007). Italy - Overview. Retrieved from Migrant Integration Policy Index: at www.mipex.eu

Caritas/Migrantes, 2011. Romania, Albania, Morocco, China and Ukraine are the main countries of origin of migrants in a regular status. in Dossier Statistico Immigrazione 2011: 21 Rapporto. Rome: IDOS Edizioni

Caritas/Migrantes. 2008. Lungo le strade del futuro. in Immigrazione Dossier Statistico, XVIII Report. IDOS - Centro Studi e Ricerche

Commission, E., 2013. EUROSTAT. [Online] Available at: http://epp.eurostat.ec.europa.eu [Accessed March 2013].

Fondazione Ismu, XVII Rapporto sulle migrazioni 2011 [XVII Report on migrations 2011] [Online] Avialable at http://www.ismu.org/agenda.php [Accessed February 2013]

High Commission for Immigration and Intercultural Dialogue (ACIDI, I., 2013. One-stop shop: A new answer for immigrant integration. [Online] Available at: http://www.oss.inti.acidi.gov.pt/ [Accessed February 2013].

Italia Lavoro, s.d. Italialavoro.it. [Online] Available at: http://www.italialavoro.it [Accessed March 2013].

La Voce, s.d. Available at: http://www.lavoce.it/ [Accessed February 2013]. Ministry of Interior, 2013. Immigration. [Online] Available at:


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http://www.interno.it/mininterno/export/sites/default/it/temi/immigrazione/english_version/ [Accessed February 2013]

Ministry of Interior, PosteItaliane & ANCI, 2013. Portale Immigrazione. [Online] Available at: http://www.portaleimmigrazione.it/ [Accessed March 2013].

Ministry of Labour and Social Policies Italy, 2012. Secondo Rapporto annuale sul mercato lavoro degli immigrati - 2012. [Online] Available at: http://www.integrazionemigranti.gov.it/Documenti/Documents/Lavoro/II_Rapporto_immigrati_2012.pdf [Accessed March 2013].

Ministry of Labour and Social Policies, 2011. L'immigrazione per lavoro in Italia: evoluzione e prospettive - Rapporto 2011. [Online] Available at: http://www.lavoro.gov.it/NR/rdonlyres/A8D198AF-983E-459F-9CD1-A59C14C0DEA9/0/Rapporto_Immigrazione_2011.pdf [Accessed February 2013].

Ministry of Labour and Social Policies, s.d. Available at; www.lavoro.gov.it [Accessed February 2013]

UN, 2012. United Nations Department of Economic and Social Affairs: Population Division. [Online] Available at: http://www.un.org/en/development/desa/population/ [Accessed March 2012].

4.3 STATISTICAL DATA

Census. 2012. Immigrazione e presenza straniera in Italia. N.1/2. Dossier Statistico Immigrazione, 2012. Caritas e Migrantes 2012, 22° Rapporto [22nd Report]:

Rome. ISTAT, 2011. Il futuro demografico del Paese, in “Statistiche report”, Roma. ISTAT, 2011. La popolazione straniera residente in Italia. Ufficio relazioni con i media. 22

September 2011. ISTAT, 2013. [Online] Available at: http://demo.istat.it/altridati/noncomunitari/index.html

[Accessed March 2013]. Eurostat, 2012. Key figures on Europe 2012. [Online] Available at

http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-EI-12-001/EN/KS-EI-12-001-EN.PDF [Accessed March 2013]

4.4 LEGAL SOURCES

L. 28 febbraio 1990, n. 39. Conversione in legge, con modificazioni, del decreto-legge 30 dicembre 1989, n. 416, recante norme urgenti in materia di asilo politico, di ingresso e soggiorno dei cittadini extracomunitari e di regolarizzazione dei cittadini extracomunitari ed apolidi gia' presenti nel territorio dello Stato. Disposizioni in materia di asilo. (GU n.49 del 28-2-1990 ). Retrieved from http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1990-02-28;39

L. 30 dicembre 1986, n. 943 (1) COLLOCAMENTO DI LAVORATORI. Norme in materia di collocamento e di trattamento dei lavoratori extracomunitari immigrati e contro le immigrazioni clandestine. Retrieved from http://www.stranieriinitalia.it/briguglio/immigrazione-e-asilo/1992/luglio/legge-943-86.html

L. 30 luglio 2002, n. 189. "Modifica alla normativa in materia di immigrazione e di asilo". http://www.camera.it/parlam/leggi/02189l.htm

Legislative decree No. 109 of 16 July 2012, Transposition of the Directive 2009/52/CE (“Rosarno Law”)

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