Legislative Decree No. 286/98 (Consolidated Immigration Act) defines the modalities and procedures applicable to Italian employers who intend to hire a foreign worker, through obtaining the appropriate work visa. However, what rules apply if you want to hire a non-EU worker with an apprenticeship contract?
The apprenticeship contract
In Italy, the apprenticeship contract is regulated by Legislative Decree No. 2015/81, that defines it as an open-ended employment contract aimed at the training and employment of young people (Art 41, c. 1).
The apprenticeship contract is divided into three different types:
- Apprenticeship for obtaining professional qualification and diploma, upper secondary education diploma and certificate of higher technical specialization;
- Vocational apprenticeship;
- Apprenticeship for training or research.
In any case, the main feature of the apprenticeship contract, compared to the other different types of contracts, is the employer’s obligation not only to pay the relevant remuneration and contributions, but also to provide the employee with the training needed to obtain the relevant professional skills.
An employee classified as an apprentice usually has a lower wage than other workers with the same duties. In fact, the apprentice may be graded up to two levels lower than the corresponding category by collective bargaining agreement and due to those workers assigned to tasks that require the qualifications corresponding to those that the apprentice worker is expected to achieve through the apprenticeship period.
The apprenticeship contract, which must always be in writing, also foresees the draft of an individual training plan that can be included in summary form within the contract itself.
The entry of non-EU workers with an apprenticeship contract
Article 22 of the Consolidated Immigration Act established the rules for hiring foreign workers residing abroad. It stipulates that it is possible to establish a subordinate employment contract with a non-EU workers, subject to the work permit and visa obtainment and, in fact, includes the possibility of applying an apprenticeship contract as well.
In fact, since the apprenticeship contract is to all intents and purposes an open-ended employment contract and the Consolidated Immigration Act does not provide for separate entry channels for apprentices, they can be considered as included in the definition of subordinate employment relationships in Article 22.
Confirming this interpretation, the Ministry of Labor and Social Policies recalls that there is, moreover, the possibility for foreign workers already in Italy with apprenticeship contracts to convert their residence permits issued for other reasons (i.e. study) into work permits.
However, it should be kept in mind that a proposed apprenticeship contract may not allow the applicant to be able to access out of quota immigration pathways, such as the Blue Card, regulated by art. 27-quarter of the Consolidated Immigration Act, for which it is required that the worker already possesses certain professional qualifications and therefore can cover a highly qualified job.
To conclude, the procedure for the entry of non-EU workers to be hired under apprenticeship contracts appears to be limited to obtaining certain types of work permits, effectively excluding the those out of quota work permits aimed at the direct hiring of worker already in possession of the adequate professional skills.