For workers
Fair recruitment: never pay to work
Whoever finds you a job, in Italy or abroad, should not make you pay for it. Here are the international and Italian rules, the warning signs and what to check before giving money to anyone.
Who this is for
Anyone looking for work through an agency, a “middleman” or a contact on social media, especially when the job is in another country. Also useful for family members and support workers helping someone who is leaving.
In short
- According to the International Labour Organization (ILO), workers should not pay recruitment costs.
- In Italy, authorised agencies may not charge you, apart from limited exceptions set by collective agreements.
- Private agencies may act as job intermediaries only if listed in the Labour Ministry’s register (some bodies, such as universities, municipalities and patronati, are authorised by law). You can check online.
- A withheld passport, a contract changed on arrival, travel debts: these are signs of exploitation.
General information, not legal advice. Rules change and have exceptions. Always check the official text in the sources below and, for your own case, talk to a trade union, a qualified lawyer or the competent public authority.
The international rule: no fees for workers
ILO Private Employment Agencies Convention No. 181 of 1997 states that private employment agencies shall not charge, directly or indirectly, in whole or in part, any fees or costs to workers. A State may allow exceptions only for certain categories of workers or certain services, after consulting employers’ and workers’ organisations. [1] The Convention binds the States that have ratified it: check on NORMLEX whether your country has.
The ILO “General principles and operational guidelines for fair recruitment”, together with the “Definition of recruitment fees and related costs” (published in 2019), go further: no recruitment fees or related costs should be charged to, or otherwise borne by, workers or jobseekers. Costs include, for example, advertising, selection, transport and placement. The guidelines also call for clear, verifiable contracts, preferably in writing, and say workers’ identity documents should not be retained. [2]
The 2014 Protocol to the ILO Forced Labour Convention (P029) asks States to protect people, particularly migrant workers, from abusive and fraudulent recruitment practices. [3]
In Italy: only authorised agencies, and free for you
In Italy, job intermediation, recruitment and selection, and temporary agency work may only be carried out by authorised operators: first of all, employment agencies listed in the electronic register kept by the Ministry of Labour; the law also authorises some other bodies to carry out intermediation under special arrangements, such as universities, municipalities, chambers of commerce, trade unions, employers’ associations and patronati. [4] The register can be searched online. [5]
Authorised or accredited operators may not demand or receive, directly or indirectly, any payment from the worker. Collective agreements may allow exceptions only for specific categories of highly professional workers or for specific services. [6]
The Italian Criminal Code punishes anyone who recruits workers to work for third parties under exploitative conditions, taking advantage of their state of need, and anyone who uses such workers (“caporalato”). [7]
In the European Union
Directive 2009/52/EC prohibits the employment of illegally staying third-country nationals and provides for sanctions against employers. It also provides that the worker can recover outstanding pay and can lodge complaints. [8]
Warning signs
- You are asked to pay “to get the job”, for the visa, for the work authorisation or for “a place in the quotas”.
- Payment must be in cash, to a private individual, or by hard-to-trace transfers.
- You get no written contract before leaving, or you are told you will sign it “later”.
- On arrival the contract is different: lower pay, another job, another employer (contract substitution).
- Someone wants to keep your passport or documents.
- A “debt” for travel, housing or training is deducted from your pay and never ends.
- The agency does not appear in any official register, neither in your country nor in the destination country.
Checklist: before you pay anyone
- Check the agency in the official register (in Italy, the register of employment agencies; in your country, the register kept by the ministry or labour inspectorate).
- Ask in writing: who the employer is, where you will work, job, hours, gross and net pay, duration.
- Ask who pays for travel, visa, housing and training. According to the ILO, it should not be you.
- Check the procedure on the destination country’s government website (for Italy: integrazionemigranti.gov.it).
- Never hand your original passport to anyone except the authorities.
- Keep messages, receipts and names. You will need them if something goes wrong.
- Already paid? Contact a trade union, a patronato (free advice office) or the labour inspectorate.