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The short answer
The contratto di soggiorno is the work-and-residence contract a non-EU worker signs with an Italian employer. Under article 5-bis of the Testo unico immigrazione, it must contain two employer commitments: a guarantee of accommodation that meets the minimum standards of a 1975 Health Ministry decree, and an undertaking to pay the worker's travel back to the home country. A contract without those declarations is not valid for issuing a residence permit.
What the contratto di soggiorno is
When an Italian employer hires someone from outside the EU for salaried work, the employment relationship is tied to the permit. Article 5-bis of Legislative Decree 286/1998 calls this the contratto di soggiorno per lavoro subordinato. It sits alongside the ordinary employment contract and the collective agreement (CCNL) for the sector, which still govern pay, hours and leave. What 5-bis adds are two specific promises the employer makes because the worker is coming from abroad.
The two obligations in article 5-bis
- Accommodation (alloggio)
- The employer guarantees that the worker has housing meeting the minimum standards set by the Health Ministry decree of 1975, and, in the cases it covers, the conditions in article 22(2)(b).
- Return travel (spese di viaggio)
- The employer commits to paying the cost of the worker's journey back to the country of origin.
Article 5-bis(2) is direct: a contract that does not contain these declarations "non costituisce titolo valido per il rilascio del permesso di soggiorno". In other words, the permit cannot be issued on the strength of a contract that leaves them out.
What "guarantee" means in practice
The law asks the employer to guarantee that suitable accommodation is available; it does not say the employer must provide a home free of charge. In practice employers meet this in different ways: housing they own or rent, a room in shared staff accommodation, or confirming the worker has a suitable place. Whether rent is deducted from pay, and how much, depends on your contract and the CCNL, so read those clauses carefully and ask for them in writing. The housing itself has to meet the 1975 minimum standards; the same standards are used for family reunification, explained in the housing suitability certificate.
Where and how it is signed
Paragraph 3 of article 5-bis used to say the contract was signed at the Sportello Unico per l'Immigrazione of the province. That paragraph was repealed by Decree-Law 145/2024, converted by Law 187/2024, as the current consolidated text shows. The process has therefore changed for new hires. Ask the employer or the Sportello Unico how the contract is now concluded for your case, and make sure you get your own signed copy.
What to check before and after you sign
- Both declarations are in the text: accommodation and return travel. If either is missing, the permit cannot rest on it.
- The job, hours and pay match what you were offered and the CCNL for the sector.
- The accommodation clause names the address or explains how housing is provided, and whether anything is deducted from pay.
- You have a copy in a language you understand; ask for a translation if needed.
- You keep the contract with your permit papers: a copy goes in the post-office kit when you renew, as explained in the kit postale guide.
Seasonal and domestic work have their own practical patterns, but the two declarations in article 5-bis apply to salaried work generally. If a contract seems to treat you differently from colleagues, ask a union to compare it with the CCNL for your sector.
How it links to renewals and job changes
The contratto di soggiorno matters again when you renew. A copy of your current employment contract usually goes into the post-office kit with your payslips and CU, and the Questura can check that the job behind the permit still exists. If you change employer, the new job is the one that supports your permit, so keep the new contract and make sure your details are updated through the procedures your Questura or the Sportello Unico tells you to use. If the job ends, the return-travel commitment is the employer's promise to you; whether you use it is your choice.
Keep a simple file: the contract, any later amendments, the address of the accommodation, and your permit receipts. It saves time at every renewal and is the evidence you would need if a dispute arose.
If the employer does not keep the promises
Problems tend to show up as housing that is overcrowded or unsafe, rent deductions you did not agree to, or an employer who refuses to cover the journey home at the end of the job. Keep evidence: the contract, payslips, photographs of the accommodation and messages. The provincial labour inspectorate and the trade unions deal with breaches of employment terms; our guide to unpaid wages and the Ispettorato del lavoro covers the route. These are legal points; for your own case take advice.
Where Pryme fits
Once you are paid in Italy, a Pryme account can hold your euros and send money to family in Nigeria; the app shows the rate and fee before you approve. See sending money home.
Questions people ask
Does my Italian employer have to give me accommodation?
Article 5-bis requires the employer to guarantee accommodation meeting the 1975 minimum standards in the contratto di soggiorno. It does not say the housing must be free; check your contract and CCNL on any rent deduction.
Who pays my flight back to Nigeria when my Italian contract ends?
Under article 5-bis the employer commits in the contract to paying the worker's return travel to the home country.
What happens if the contratto di soggiorno has no accommodation clause?
The law says such a contract is not a valid basis for issuing a residence permit.
Where is the contratto di soggiorno signed now?
The paragraph on signing at the Sportello Unico was repealed by Decree-Law 145/2024. Ask the employer or Sportello Unico how it is concluded today.
Sources
- Brocardi: D.Lgs. 286/1998 art. 5-bis, contratto di soggiorno, updated 16 Jul 2026 · accessed Oct 2026
- Brocardi: D.Lgs. 286/1998 art. 29, family reunification, updated 16 Jul 2026 · accessed Oct 2026
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