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In Campania, the health emergency requires the urgent recruitment of new doctors. The virus continues to bite and there are currently not enough medical personnel on duty. For this reason, Civil Protection announced on November 15 a procedure for the identification of 450 medical specialists to be assigned to the Region, to support the activities of the Health and Hospital Trusts, especially in the Covid departments.
The text of the notice reads: “The Ministry of Civil Protection issues this notice with the aim of collecting expressions of interest for the identification of 450 doctors and graduates, specialized in anesthesia and resuscitation, infectious diseases, diseases of the respiratory system, admission and medicine and emergency surgery, to be assigned to the Campania Region. “
The expression of interest collection closes today, November 18. The ad, however, is illegitimate, for various reasons, and has obvious contradictions. As Asgi had reported in recent days, many health authorities and hospitals have published illegitimate notices (it happened for example in Piedmont, which then asked Asgi for an informal opinion to correct the notice for the expression of interest). These calls are in violation of article 13 of Cura Italia, according to which they can be hired “by the public administration for the exercise of health professions and for the qualification of socio-health operator … all citizens of countries not belonging to the European Union, holders of a residence permit that allows work, without prejudice to any other legal limit “. But in many cases, as we have seen, foreigners have been excluded, because the “Italian citizenship or citizenship of countries of the European Union “. And we are talking about a massive workforce: 77,500 people with foreign citizenship who have health qualifications who are currently in Italy. Of these, only 10% can access jobs in the public health sector.
In the new call for civil protection, however, something different is said: “Citizens of European Union countries and citizens of non-European Union countries are allowed to participate as long as they have a valid residence permit and have had the recognition of their title, or that they are in possession of a certificate of registration in the professional registry of the country of origin “. Therefore, at first glance, it would appear that the new procedure also allows the participation of non-EU citizens. But by continuing to read the notice, this initial opening is immediately denied. Let’s see why.
In fact, the “admission requirements” are listed a bit further down. In practice, explicit reference is made, without citing, to all‘Art. 38 of the Consolidated Law of Public Employment, according to which non-EU citizens who are not long-term residents cannot be taken into account. In fact, among the requirements, the first point asks “Italian citizenship or citizenship of one of the member states of the European Union. Family members of citizens of the member states of the European Union who do not have the citizenship of a state can also participate. “. members who are holders of the right of residence or the right of permanent residence, or citizens of third countries, who are holders of the EC long-term residence permit or who are holders of refugee status or subsidiary protection status “. The same formula used in article 38 of the Consolidated Public Employment Law. It cannot be applied to self-employment, but only to subordinate work. And this procedure, as clearly stated, was created to confer “assignments on own account”. A real mess.
Asgi asks to change the procedure
We try to clarify with the lawyer Alberto Guariso placeholder image (Asgi). The association invites Civil Protection to modify the call and requests an extension of the deadlines to correct the profiles of illegality.
“The notice in question – says the lawyer, contacted by Fanpage.it – serves to establish a list of available doctors with whom ‘self-employment’ contracts will be stipulated. But for self-employment contracts there is no rule that allows administrations to establish limits based on citizenship. The question of citizenship limits for competitions is included in an article, article 38 of the Consolidated Law of Public Employment, which refers only to subordinate labor relations, that is, fixed-term or permanent contracts. If self-employment is assigned, for example a consultancy, the general principle of equal treatment, established in article 2 of the Consolidated Immigration Law, applies “.
The ad is very badly written, because at first it seems that all EU or non-EU candidates with a residence permit are admitted. Instead, the requirements for employment are expressly remembered, so it appears that candidates must have the long-term permit. Is the first part of the notice valid or the second part? There is a lot of confusion, they have not even been able to write a notice clearly. Remember that around 60% of non-EU foreigners in Italy have the permit indefinitely. But there are 40% that do not have it and therefore cannot compete ”.
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