Italian Court Clarifies Rules for Converting Seasonal Work Permits into Regular Employment

 

Italian Court Clarifies Rules for Converting Seasonal Work Permits into Regular Employment

A recent ruling by the Regional Administrative Court of Puglia offers important clarification on one of the most debated aspects of Italy’s immigration system: the conversion of a seasonal work permit into a regular employment permit, particularly in the agricultural sector.

The judgment was issued by the Regional Administrative Court for Puglia (TAR Puglia), Section III, decision no. 292 of 2026, published on 10 March 2026 in case registered under general register number 175 of 2026.

The case: a rejected conversion request

The dispute arose after the Prefecture of Bari – through the One-Stop Immigration Desk – rejected a foreign worker’s request to convert his residence permit from seasonal work to regular employment.

The administration argued that the worker had not met the minimum activity requirement required in the agricultural sector. According to the authorities, he had failed to demonstrate at least 39 working days within three calendar months, with an average of 13 working days per month, as indicated in ministerial guidelines.

The negative assessment relied heavily on a strict interpretation of the concept of “three months,” calculated according to calendar months. Under this interpretation, several working days performed between the end of one month and the beginning of the next were excluded from the calculation.

The legal framework

Under Article 24, paragraph 10 of Legislative Decree No. 286/1998 (the Italian Consolidated Immigration Act), a seasonal worker who has carried out regular work in Italy for at least three months and who receives an offer of regular employment may request the conversion of the residence permit into a standard work permit.

In the agricultural sector, however, work is often measured in individual workdays rather than monthly contracts. For this reason, a joint ministerial circular issued on 27 October 2023 clarified that the requirement of three months of work corresponds to at least 39 working days covered by social security contributions, averaging 13 days per month.

The court’s interpretation

The court disagreed with the rigid interpretation adopted by the labor authorities. It emphasized that the legislation refers to a period of work equivalent to roughly three months, which should be understood as a period of about 90 days, not necessarily as three calendar months.

According to the ruling, excluding working days performed “between months” leads to an interpretation that is excessively formalistic and inconsistent with the purpose of the law.

As the judgment explains:

“The existing provisions simply state that a seasonal worker who has carried out regular work on national territory for at least three months and who receives an offer of employment may request the conversion of the residence permit into a work permit.”

The court further clarified that the relevant reference period should start from the actual beginning of employment, not from the first day of the calendar month.

Why the decision matters

This ruling is significant because it rejects an overly bureaucratic approach that could prevent seasonal workers from stabilizing their employment status even when they have genuinely worked the required number of days.

By interpreting the three-month requirement as approximately 90 days from the start of employment, the court adopted a more realistic approach to agricultural labor, where work often occurs intermittently depending on seasonal needs.

The judgment ultimately annulled the rejection issued by the Prefecture of Bari and ordered the administration to reassess the worker’s application within thirty days.

Broader implications for immigration policy

The decision highlights a recurring issue within Italy’s immigration system: the gap between formal administrative criteria and the practical realities of seasonal work.

Agriculture relies heavily on migrant labor, often organized through short daily contracts tied to weather conditions, crop cycles, and labor demand. Applying rigid calendar-based calculations risks excluding legitimate workers from the possibility of converting their permits and continuing their employment legally.

The ruling therefore contributes to a growing body of case law emphasizing that immigration rules must be interpreted in light of their underlying purpose, which in this context is to verify genuine employment rather than to create unnecessary procedural barriers.

For employers and migrant workers alike, the judgment provides a clearer legal standard and may influence future administrative practice across Italy.

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Fabio Loscerbo
Immigration Lawyer
ORCID: https://orcid.org/0009-0004-7030-0428