Author
According to the Reception Decree, an asylum seeker can start to work after 60 days from the moment they lodged the asylum application.[1] Even if they start working, the asylum seeker permit cannot be converted into a work or residence permit.[2]
Even though the law makes a generic reference to the right to access to employment without indicating any limitations, and albeit being entitled to register with Provincial Offices for Labour, in practice asylum seekers face difficulties in obtaining a residence permit which allows them to work. This is due to the delay in the Registration of their asylum applications, on the basis of which the permit of stay will be consequently issued, or to the delay in the renewal thereof.
Furthermore, employers are often wary of hiring asylum seekers who are in possession only of the asylum request receipt or the request for renewal of the six-month permit, since they present no expiry date, even if they are legally equal to the residence permit.
Moreover, as reported to ASGI, many Provincial Offices for Labour do not allow asylum seekers under the Dublin procedure to enrol on the lists of unemployed persons and some Questure have expressed a negative opinion about the possibility for these people to be employed, before it is confirmed that Italy is responsible for their asylum application. The CJEU decision of 14 January 2021, according to which Article 15 of the Directive 2013/33/EU must be interpreted as precluding national legislation which excludes an applicant for international protection from access to the labour market on the sole ground that a transfer decision has been taken in his or her regard under Dublin Regulation, should overcome the different orientations existing in the national territory.[3]
In early 2022, an additional case was signalled to ASGI in Bolzano, since both the employment office and Questura had denied access to work to a Dublin asylum seeker.
In addition, the objective factors affecting the possibility of asylum seekers to find a job are language barriers, the remote location of the accommodation and the lack of specific support founded on their needs.
To this, it should be added that the DL 20/2023 cancelled the obligation to provide Italian courses and job orientation in reception centres.
[1] Article 22(1) Reception Decree.
[2] Article 22(2) Reception Decree.
[3] CJEU decision, joined cases C322/19 and C385/19, 14 January 2021.