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Recognition of the professional qualification of labour law expert obtained overseas

11 febbraio 2021

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Recognition of the professional qualification of labour law expert obtained overseas and Prior declaration regarding temporary and occasional work due to the service provider moving – Italian Legislative Decree No 206/2007.

The Directorate-General for Labour Relations and Industrial Relations is the competent authority for the recognition of professional qualifications obtained overseas entitling the holder to practise as a labour law expert in Italy, and it receives the prior declaration regarding temporary and occasional work due to the service provider moving, within the meaning of European Directive No 2005/36/EC and Legislative Decree No 206/2007, as amended.

ADMINISTRATIVE PROCEDURE
Name and type of procedure (application from an individual or an authority): recognition of the professional qualification of labour law expert obtained overseas within the meaning of Legislative Decree No 206/2007, implementing Directive 2005/36/EC on the recognition of professional qualifications.

The application may be filed by Italian citizens and foreign nationals for recognition of a qualification obtained within or outside of the EU.

Relevant Directorate-General and non-general management office: Directorate-General for Labour Relations and Industrial Relations
Organisational unit responsible for processing the application: Division I
Person in charge of the procedure, work email address and telephone numbers:
Marco Celi – Director of  Division I - Tel. 0646834012
mail: Dgrapportilavorodiv1@lavoro.gov.it
certified electronic mail Dgrapportilavoro.div1@pec.lavoro.gov.it

Person responsible for making the final decision, work email address and telephone numbers:
General Director for Labour Relations and Industrial Relations Tel. 0646834200
mail: DGRapportiLavoro@lavoro.gov.it

Deadline for end of procedure:

The time limits are laid down in Legislative Decree No 206/2007.
Within 30 days of receipt of the application, the applicant will be notified as to whether all the necessary documents have been submitted and any additional documents required will be requested.
Within 3 months from submission of the full documentation, following a dedicated interdepartmental meeting, a reasoned decision will be issued.

Time limits (also state any deadlines and obligations to be met during the procedure) and conditions for completion of the procedure:
Adoption of the directorial decision recognising or refusing the application for recognition of the professional qualification. The obligation to publish decisions recognising the professional qualification of labour law expert is fulfilled by publication on the website, replacing publication of decisions in the Official Journal pursuant to Article 32(1) of Law No 69/2009.
Decisions are published for 90 days.

For the prior declaration, the following must be submitted:

1. Copy of a valid identity document.

2. Certificate issued by the competent authority in the country of origin, certifying that the undersigned is legally established in that country for the purpose of pursuing the profession of LABOUR LAW EXPERT, that he or she is not currently prohibited from practising, even temporarily, in the country of origin and whether or not the profession is regulated in that country.

3. Documents proving possession of the relevant professional qualifications (Annex A).

4. Documents proving that the applicant has pursued the activity concerned for at least 1 year during the 10 years preceding the declaration (in the case where the profession is not regulated in the country of origin) (Annex B).

- receipt of bank transfer for virtual payment of stamp duty in the sum of EUR 16.00, payee details:

'Bilancio dello Stato Capo VIII, Capitolo 1205, art. 1' BIC: BITAITRRENT - IBAN: IT 07Y 01000 03245 348 008 1205 01. IMPOSTA (TAX): Imposta di bollo (Stamp duty).

 

For the application for recognition of foreign qualifications, the following must be submitted:
- Certificate conferring the right to practise the profession in the country of origin
(obligatory in the case of regulated education and training).
- Certificate of registration in the professional register
(obligatory in the case of regulated education and training with mandatory registration in a register in the country of origin).
- Evidence of lack of criminal/professional impediment (obligatory for liberal professions).
- Certificate of professional experience acquired in the country of origin.
- Declaration of equivalent value for professional qualifications obtained in a non-EU country.
- Residence permit (if already resident in Italy).
- Identity document.
- Receipt of bank transfer for virtual payment of stamp duty in the sum of EUR 16.00, payee details:
'Bilancio dello Stato Capo VIII, Capitolo 1205, art. 1' BIC: BITAITRRENT - IBAN: IT 07Y 01000 03245 348 008 1205 01. IMPOSTA (TAX): Imposta di bollo (Stamp duty).

The copy of the specific diploma for the activity concerned, issued by a public or private institution in the country of origin, must be accompanied by:
- a description of the studies required for the qualification, with details of the subjects taken and the hours of theoretical and practical training completed;
- authorisation from the competent authority for issue of the qualification and regulations in place in the country governing professional qualifications.

The declaration of equivalent value, issued by the Italian Consular or Diplomatic Mission in the country where the qualification was issued, must specify:
− the legal status and level of the institution that issued the qualification and content (course);
− that the applicant duly completed the course of study in the country of origin, specifying the number of years of study required by that country's rules for successful completion thereof;
− the value of the qualification for accessing, in that country, the professional activity corresponding to that for which recognition is sought in Italy;
− whether or not the profession is regulated and which are the competent State bodies or authorities, if any, for the profession in that country;
− whether or not the applicant meets the requirements laid down in that country's legislation for practising the profession.

Access the procedure