The recruitment of an EU worker applies the same standard requirements as for recruitment of Italian workers. Indeed, EU citizens have the right to move and reside freely in Italy and are permitted to undertake any kind of employment, whether employed or self-employed, under the same conditions that apply to Italian citizens. Consequently, an employer may create any kind of employment relationship with an EU worker:
- seasonal
- domestic
- open-ended employment contract
- fixed-term employment contract
There are no differences compared to Italian workers.
Residence for employment purposes
EU citizens intending to reside in Italy are not subject to the provisions of the Consolidated Law on Immigration (Testo unico sull’immigrazione). That text applies to individuals from third countries.
On the basis of the principle of free movement and the right of establishment, EU citizens may move and reside freely in Italy and undertake any type of work activity, whether employed or self-employed. They are subject to the same provisions as Italian citizens.
EU citizens living in Italy for a period of more than 3 months must in any case be entered on the population register, by submitting a request for registration to the offices of the municipal authorities with jurisdiction for the area in which they live. In that request, EU citizens must state their place of residence and provide a valid identity document and documentation indicating whether they are employed or self-employed in Italy.
Recruitment documents
On the basis of the principle of free movement, EU citizens seeking employment must have a valid identify document (identity card valid for expatriates or passport) and an Italian tax ID number, which may be requested in person from the local office of the Italian Revenue Agency (Agenzia delle entrate) on presentation of an identity document.
Minimum age
If you would like to work in Italy, you must be aged at least 16 years and have completed at least 10 years of compulsory education. If you are over 15 but not yet 16, you can be recruited under an apprenticeship contract to achieve a qualification and professional diploma.
No Government permit is required
As a citizen of the European Union you can be employed or self-employed without having to obtain a work permit. As an EU citizen, under the principle of equal treatment, you will also be treated in the same way as Italian citizens (with the sole exception of activities still reserved for Italian citizens).
An employment contract is an agreement between an employer and a worker on the basis of which the worker performs work in return for remuneration from the employer.
In Italy, the system of direct recruitment applies for any type of employment relationship for all workers in the private sector.
An employer:
- Submits a mandatory telematic notice (CO) to the Ministry of Employment and Social Policy (Ministero del lavoro e delle politiche sociali) before you are recruited. That notice is also valid for inspections by the Ministry of Employment and Social Policy and other bodies the National Social Welfare Institution Istituto Nazionale della Previdenza Sociale – INPS) responsible for social security, pensions and other similar matters.
- When you are recruited, you must be given a copy of the CO and the individual employment contract containing the information about the financial (salary) and legal (bank holidays, weekly rest periods, leave, etc.) conditions.
Relevant legislation
Article 18 of the EU’s founding treaty, on residence within the EU.
The relevant legislation on residence by EU citizens in Italy can be found in Legislative Decree No 30/2007 (implementing Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States).
Ingresso e soggiorno in Italia per lavoratori comunitari
Article 3 of Law No 977/1967, as amended by Article 5 of Legislative Decree No 199, setting the minimum age as 15 years.
Dlgs 30/2007 - Attuazione della direttiva 2004/38/CE relativa al diritto dei …