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The Committee notes the Government’s report. It also notes the observations of the Confederazione Generale Italiana del Lavoro (CGIL) of 25 May 2010 and 20 September 2010.

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s statement that it has implemented several measures to combat child labour by way of preventing and controlling school drop-out rates. It notes the Government’s information that Ministerial Decree No. 19 of 2008 set up an Inter-Directorate Working Group to prevent and combat school drop-outs. This working group has the following responsibilities: (a) monitoring all actions carried out with regard to preventing school drop-out and ascertain, analyse and check their results; (b) providing targeted and specific training courses for teachers on effective teaching methodology; and (c) maintaining a model register, jointly with the respective regional education offices, of school drop-outs indicating the number of children of compulsory school age who are out of school. The Committee also notes the Government’s statement that special attention is being paid to the integration of foreign pupils into education which is based on the principle of universalism as the criterion for every child’s right to education, and common schooling without discrimination or separation of classes. The projects implemented for the integration of foreign pupils include the National Plan for the teaching of Italian to foreign students who are recent immigrants, and projects to assist the reception and integration of children belonging to the Roma and Sinti population for which a Memorandum of Understanding was signed with the Nomad Assistance Association and National Seminar.

The Committee further notes the Government’s information on the measures taken by the Ministry of Education, Universities and Research to prevent school drop-outs by allocating funds for the purpose of study grants and free textbooks for children from needy families. Furthermore, the national operational programmes for Skills Development funded by the European Special Fund, and Environment for Learning, funded by the European Regional Development Fund, implemented for the years 2007–13, aim at increasing the dissemination of skills and learning capacities of young people and making school more attractive.

Article 2(2) and (3). Raising the initially specified age for admission to work and age of completion of compulsory schooling. The Committee had previously noted that section 1, paragraph 622, of Act No. 296 of 2006 raised the period of compulsory schooling to 10 years as of the 2007‑08 school year, thereby raising the minimum age for employment from 15 years to 16 years. The Committee, drawing the Government’s attention to Article 2(2) of the Convention had requested the Government to notify the Office, by further declaration, of the subsequent raising of the minimum age from 15 to 16 years. The Committee notes the Government’s information that this procedure being discretionary, the Government, after consulting the competent offices of the Cabinet, will consider whether to activate the notification procedure of declaration to the Director‑General of the ILO of the new legislative change that raised the minimum age for admission to employment to 16 years. The Committee requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and hazardous work. The Committee had previously noted that, according to section 6(2) of Act No. 977 of 17 October 1967 as amended in 1999 and 2000, adolescents (i.e. persons aged between 15 and 18 years) may carry out, for educational or vocational training purposes and for a period of time strictly required by such activity, the work processes, operations and tasks listed in Annex I to the abovementioned Law (list of hazardous occupations), provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation. It had requested the Government to take the necessary measures to amend the relevant provisions of Law No. 977/1967 in order to ensure that no person under 16 years of age may be authorized to perform types of hazardous work during vocational training. It had further noted that Act No. 269/2006, which raised the age of compulsory education and, by implication the entry to employment, repealed de facto Act No. 977/1967 as amended by Act No. 262/2000. Noting that the Act No. 269/2006 did not expressly repeal the relevant provisions of Act No. 977/1967, the Committee had observed that Act No. 977/1967 and its amendments continued to be in force. The Committee had therefore requested the Government to indicate the manner in which the Government intended to harmonize the legislation and to avoid the ambiguity between Act No. 977/1967, as amended, and Act No. 262/2006 which set out different ages at which hazardous work may be undertaken by adolescents during vocational training.

The Committee notes the Government’s information that in the Italian legal system, any contradictions between rules are resolved by applying inter alia, the chronological criterion as stipulated in article 15 of the Preliminary Provisions of the Civil Code, which states that lex posterior derogate legi priori, which means that the most recent rule prevails. Therefore a specific act of repeal is not considered as necessary. The Government further states that the provisions of Act No. 296/2006 which extend compulsory schooling up to the age of 16 years, and generally prohibit any employment before that age, repeals the relevant provisions of Act No. 977/1967 and its subsequent amendments. The Committee observes that the provisions of section 6 of Act No. 977/1967, as amended, read in conjunction with section 1, paragraph 622 of Act No. 296/2006 ensures that no person under 16 years of age shall perform hazardous work during vocational training.

The Committee further notes the Government’s indication that Parliament is currently in the process of examining a draft law on labour relations (collegato lavoro) under Senate Document 1167-b. According to section 48 of this draft law, compulsory schooling under the aforementioned regulations can also be fulfilled through apprenticeship courses. The Committee notes the comments made by the CGIL that the provisions of this draft law are in contradiction with Act No. 296/2006 on compulsory education. The CGIL is of the view that apprenticeship or training is purely aimed at acquiring a specific job and as such has an employment nature. Moreover, this option appears to be more attractive for children from disadvantaged communities and hence hampers the education of such children. The Committee notes, however, the Government’s information that this draft law would allow youngsters from the age of 15 years of age to fulfil the obligation of schooling by doing apprenticeship courses. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises, within the context of an apprenticeship programme. The Committee requests the Government to supply a copy of the draft law on labour relations under Senate Document 1167-b, once it has been adopted.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee notes that child labour inspection was included among the strategic objectives for 2009 (Strategic Programming Document for Inspection) by the General Directorate for Inspection of the Ministry of Employment. The Government states that the territorial offices, particularly in those regions in which child labour is most common, have continued inspecting and monitoring the employment of child workers, also by collaborating with the local authority social services, schools and police forces. It also notes the Government’s indication that the General Directorate for Inspection signed a Memorandum of Understanding on 12 October 2009 with the president of the NGO SOS-Telefono Azzurro for the purpose of preparing a special reporting instrument for child exploitation cases with the twofold objective of protecting children adequately and ensuring the prompt intervention by the territorial offices of the Ministry of Employment. The Committee further notes the Government’s indication that in 2009, the General Directorate for Inspection which coordinates inspection work in Italy, reported that in 2009, 3,128 children were found working, out of whom 1,445 were in breach of labour regulations related to minimum age, prohibited work, working hours and rest periods. The Committee requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children.

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Article 1 of the Convention. National policy. In its previous comments, the Committee requested the Government to continue providing information on the implementation of the strategy to combat child labour in the informal economy. The Committee notes in the Government’s report that various kinds of measures exist with regard to policies implemented to combat child labour: specific legislation designed to protect minors, activities to prevent truancy and measures to raise awareness among families.

The Committee notes in the Government’s report that the coordinating group of the Government and the social partners to combat exploitation of child labour, established in 1998 by the signing of the “Letter of Intent to promote the rights of the child and adolescents and eliminate exploitation of minors”, includes representatives of the regions and of the provinces, local authorities and NGOs concerned with children and adolescents. Some of the priorities identified include: (a) consideration of the phenomenon of exploitation of child labour with particular attention to the situation of foreign children; (b) family support policies as an area of intervention to combat the worst cases of hardship, and (c) promotion of activities by prefectures, with provision for networking between them in collaboration with local authorities. Representatives from the trade unions and employers’ organizations, together with the National Council for Economics and Labour, UNICEF, the Italian National Institute of Statistics and the ILO, designated a joint approach to combating child labour which included the following actions: (a) investigating the forms of exploitation present in the hidden economy and clandestine immigration; (b) ensuring valid monitoring of child labour by linking data of different administrations and sharing instruments of research and; (c) strengthening the fundamental role of labour inspectors.

The Committee further notes the Government’s indication of the establishment in 2002 of the Inter-institutional Table for the Preparation of a Protocol of Intent to Combat Child Labour and Avoidance of School (the Inter-institutional Table). The Inter-institutional Table was instituted with the purpose of drafting the protocol giving rise to the name of the said Inter-institutional Table. The Inter-institutional Table’s members are composed of representatives from the Ministry of Social Solidarity, the Ministry of Labour and Social Security (now jointly the Ministry of Labour, Health and Social Policies), the Ministry of Education, Universities and Scientific Research, the Ministry of Foreign Affairs, the Ministry of the Interior and Justice, the National Association of Italian Municipalities, the Union of Italian Provinces and the interregional technical group. The Inter-institutional Table, among other initiatives, published in 2006 the translation of the ILO Handbook Combating Child Labour: A Handbook for Labour Inspection and distributed it in the national territory with particular attention to regional and provincial labour departments in which labour inspectors operate and at whom the guidelines are aimed. Moreover, the Committee notes that in the Government’s report, the National Centre for Documentation and Analysis for Childhood and Adolescence (the Centre), has continued its work. In 2007, following the result of research in various areas including child labour, the Centre published Questions and documents booklet No. 45 entitled “Experience and good practice pursuant to Act 295/1991”. This work assisted in both identifying the level of awareness in local administrations concerning child labour and also identifying experience supporting the entry into work of adolescents suffering from social and family disadvantages. The Committee requests the Government to continue providing information on the implementation of the strategy to combat child labour in the informal economy.

Article 2, paragraphs 2 and 3. Raising the initially specified age for admission to work and age of completion of compulsory schooling. The Committee previously noted that section 5 of Legislative Decree No. 345/99, which amends section 3 of Law No. 977 of 1967, states that the minimum age to be admitted to work is fixed at the moment in which the minor has completed the cycle of compulsory education and, in any case, may not be less than 15 years. The Committee notes that section 1, paragraph 622, of Act No. 296 of 27 December 2006 raised the period of compulsory schooling to ten years as of the 2007–08 school year, thereby raising the age of entry to employment from 15 years to 16 years. The Committee takes this opportunity to draw the Government’s attention to Article 2(2) of the Convention, according to which each Member which has ratified the Convention may subsequently notify the Director-General of the ILO, by further declarations, that it specifies a minimum age higher than that previously specified. The Committee requests the Government to consider the possibility of sending such a declaration to the Office.

Article 6. Vocational training and hazardous work. In its previous comments, the Committee had requested the Government to take the necessary measures to amend the relevant provisions of Law No. 977 of 17 October 1967, as amended in 1999, in order to ensure that no person under 16 years of age may be authorized to perform types of hazardous work during vocational training.

The Committee notes in the Government’s report that section 7 of Legislative Decree No. 262/2000 modifies section 6 of Act No. 977/1967 as amended by Legislative Decree 345/1999. Thus, the legislation provides that adolescents
(15–18 years of age) may not be assigned to production, processes or work indicated in Annex 1 of Act No. 977/1967, which contains a lengthy listing of types of hazardous work. An exception is made for essential educational or training reasons, other than in the classroom or laboratory, and for the time required for the training itself under the supervision of competent trainers in work environments directly belonging to the trainee’s employer (and thus also in the company’s workplaces). Furthermore, in order to rely on this derogation, the opinion of the competent Local Health Authority (ASL), which must check that the requesting employer is in compliance with occupational safety and health legislation, must be requested prior to the authorization being granted by the provincial labour department.

The Committee further notes that section 1, paragraph 622, of Act No. 296/2006, which raised the age of compulsory education and, by implication, the entry to employment, repeals de facto Act No. 977/1967, as amended by Legislative Decrees 262/2000 and 345/1999. The Committee notes, however, that there appears to be no provision in Act No. 296/2006 which expressly repeals or amends the relevant provisions of Act No. 977/1967, as amended. Hence the Committee observes that Act No. 977/1967, which provides that adolescents
(15–18 years of age) may not be assigned to hazardous work, is still in force. In order to avoid any ambiguity between Act No. 977/1967, as amended, and Act No. 206/2006, which set out different minimum ages at which hazardous work may be undertaken by adolescents during vocational training, the Committee requests the Government to indicate the manner in which it intends to harmonize the national legislation so as to bring it into conformity with the Convention on this point. It asks the Government to provide information in its next report on any developments in this regard.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee notes the Government’s report that, in 2006, 1,601 illegally employed minors out of a total of 3,195 minors employed in the businesses visited were detected; in 2007, the number of illegally employed minors was 1,251 out of 2,958, representing 50.1 per cent and 42.3 per cent for the years 2006 and 2007, respectively. The number of violations of child labour laws in 2006 was 2,390 compared with 2,245 in 2007. The ratio of legally to illegally employed minors was 45.1 per cent, 48.67 per cent and 33.77 per cent for the North, the Centre and the South, respectively.

The Committee also notes that in the Government’s report, in the specific area of inspection and supervision, particular attention was paid to child labour in the 2008 strategic objectives identified by the Ministry of Labour, General Inspectorate of Labour, the National Social Security Institute (INPS), the National Occupational Accident Insurance Institute (INAIL) and the National Theatre and Professional Sports Workers Social Security Agency (ENPALS). The inspection measures, carried out by the provincial labour departments and social security institutes, are aimed at areas where child labour is more widespread.

In the Government’s report, the Committee notes that, with respect to special surveillance programmes aimed at controlling and preventing black labour, in particular child labour, the most significant operations are detailed as follows: (1) Operation “Blue Waters”, carried out from June to August 2006, monitored violations and evasions of legislative and contractual provisions in the hotel and tourism industry. The surveillance operation was coordinated by the directors of the regional departments and carried out by inspectors from 21 local offices, the carabinieri units serving in the provincial departments concerned, the INPS, the INAIL and the ENPALS. In the course of the operation, which covered 2,258 companies, 3,081 cases of illegal workers, including 308 children, were found; (2) Operation “Ladybird”, was carried out from June to December 2007 by the INPS, the State Forestry Service and the carabinieri units of the local offices involved. Over the whole national territory, 5,160 farms were inspected, with particular attention to the agricultural areas, and 65 illegally employed minors were found; (3) Operation “Dolphins” ’ objective was to carry out inspections in the hotel and tourism industry in 14 regions in collaboration with the provincial labour departments, their respective carabinieri units, the INPS, the INAIL and the ENPALS in July and August 2007. It was coordinated by the directors of the regional labour departments and involved 27 provincial departments, 3,104 businesses were investigated and 274 illegally employed minors were found; (4) Operation “Italian Food” was aimed at the service sector in historical centres of nine metropolitan cities. It was carried out by the general inspectorate with the regional labour departments and coordinated by the directors of the new provincial bodies concerned, using their own inspection staff and the respective carabinieri units. Aiming to detect violations of legislation on recruitment and legalization of the social security and insurance situation of employees, inspections were carried out in 594 businesses and 16 minors were found employed illegally; (5) Operation “Great Wall” was carried out in November 2007 with the aim of monitoring the significant illegal employment of citizens from China. The operation involved 11 regions and 19 provincial labour departments with the support of respective carabinieri units.  The inspections concerned artisanal workers, primarily in the textiles, leather and hides sectors, as well as firms in public commerce and trade, 566 businesses were inspected and nine illegally employed minors were found. The Committee takes due note of this information and requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children.

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The Committee notes the Government’s report. It also notes the observations of the organizations of employers and workers “Confcooperative”, CGIL and CISL of October 2004 and the Government’s reply thereto dated 7 December 2004. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the National Fund for Children and Adolescents received additional funding in order to permit the realization of specific projects dealing with child labour. Furthermore, the Ministry of Labour, in collaboration with the National Centre of Documentation and Analysis on Children and Adolescents, created an Internet site (www.lavoro.minori.it), which specifically deals with information on child labour. The Ministry of Labour and the National Centre of Documentation and Analysis on Children and Adolescents are also cooperating on the identification of “good practices related to child labour”, taking advantage of the projects realized under Law No. 285/97. The Committee notes the Government’s information that, following the positive results achieved under Law No. 383/2001, and through the programmes approved by the Inter-Ministerial Committee for Economic Planning (CIPE), it developed a general strategy to combat work in the informal economy, including child labour, in collaboration with all the partners concerned (local administrations, trade unions, educational institutions). This strategy also includes the development of a programme aimed at supporting minors, especially those living in the south, where the school dropout rates are higher. The Committee requests the Government to continue providing information on the implementation of the strategy to combat child labour in the informal economy.

Article 2, paragraph 1. Scope of application of the Convention. Self-employment. The Committee had previously requested the Government to indicate any measures taken to ensure the application of the minimum age of 15 years for admission to all types of work outside an employment relationship, such as own-account work. Noting that Decree No. 345/99, prohibiting child labour, also applies to all persons under 18 years who have “special labour relationships”, the Committee had also asked the Government to clarify the term “special labour relationships”. The Committee notes the Government’s information that the prohibition on performing self-employed work applies to all persons under 18. In fact, section 2(2) of the Italian Civil Code provides that a minor (under 18 years) does not have the capacity of stipulating acts which are legally valid, except where special laws attribute to minors the capacity of engaging in a labour relationship. One of these special laws is Law No. 977/67, which only applies to the constitution of employment relationships. As no special law exists which attributes to minors the capacity of engaging in self-employment relationships, they are not allowed to engage in these relationships. The Committee also notes the Government’s information that the term “special labour relationships”, indicated in Decree No. 345/99, refers to all labour relationships that are different from the traditional fixed-term employment relationship due to: the different causa of the contract (such as apprenticeship); the different context (ex. domestic work); the different duration (ex. part-time work); the different object (artistic performances). The Committee takes due note of this information.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s information that section 5 of Legislative Decree No. 345/99, which amends section 3 of Law No. 977 of 1967, states that the minimum age to be admitted to work is fixed at the moment in which the minor has completed the cycle of compulsory education and, in any case, may not be less than 15 years. It notes the Government’s information that, by virtue of Law No. 53/2003, repealing Law No. 9/99, and article 38 of the Constitution, a minor is considered to have completed the cycle of compulsory education when he/she has attended at compulsory education for at least eight years (i.e. from 6 to 14 years).

The Committee notes the CGIL’s allegation that, with the adoption of Law No. 53/2003, the age of completion of compulsory education was lowered from 15 to 14 years. This created a contradiction with Legislative Decree No. 345/99, which establishes the prohibition of child labour for children under 15 years. It notes the Government’s reply that Law No. 53/2003 ensures that students from 15 years of age follow their education until 18 years within an integrated system of study and work, allowing them to continue education, or to perform vocational training, or to work within apprenticeship programmes. For this purpose, this law establishes the right/duty to education and vocational training during 12 years (i.e. eight years of compulsory education and four years of alternate periods of study and work, under the responsibility of the vocational institution), therefore from 6 to 18 years of age or, in any event, until the obtention of a qualification. The Committee notes the Government’s information that Legislative Decree No. 76/2005 implements Law No. 53/2003. Until the adoption of the legislative decrees implementing Legislative Decree No. 76/2005, section 68 of Law No. 144/1999 is applicable. This provision provides that the obligation to participate in educational and vocational training activities until 18 years of age may be undertaken in integrated systems of education and vocational training: (a) through the educational system; (b) through the regional vocational training system; and (c) through apprenticeship programmes. The Committee takes due note of this information.

Article 6. Vocational training and hazardous work. The Committee had previously noted that, according to section 6(2) of Law No. 977 of 17 October 1967, as amended in 1999, adolescents (i.e. persons aged between 15 and 18 years) may carry out, for educational or vocational training purposes, and for a period of time strictly required by such activity the work processes, operations and tasks listed in Annex I to the abovementioned law (list of hazardous occupations), provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation. It had requested the Government to indicate any measures taken or envisaged to raise the minimum age for admission to hazardous work performed as part of educational or vocational training from 15 to 16 years. The Committee notes the Government’s statements that no legal measures are envisaged to raise from 15 to 16 years the age to perform hazardous types of work in the framework of vocational training. It notes the Government’s information that the relevant legislation is in conformity with the Convention on this point. The Committee once again observes that section 6(2) of Law No. 977 of 17 October 1967, as amended in 1999, allows children between 15 and 16 years to perform hazardous work in the context of vocational training, which is not in conformity with Article 3, paragraph 3, of the Convention. The Committee once again requests the Government to take the necessary measures to amend the relevant provisions of Law No. 977 of 17 October 1967, as amended in 1999, in order to ensure that no person under 16 years of age may be authorized to perform types of hazardous work during vocational training.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s information that, during 2005, a number of inspections have been carried out. In particular, the operation titled “Sapore di Mare” has been undertaken by 11 provincial labour directions jointly with the seat of Carabinieri within the labour inspectorate, INPS and INAIL, in order to verify violations of the labour law in the tourism sector. Out of 2,371 undertakings inspected, 227 minors have been found irregularly employed. Another inspective operation, titled “Operazione Marco Polo 2”, has been carried out in eight regions and 15 provinces aimed at identifying and combating the phenomenon of informal-irregular employment of Chinese workers. Out of 480 undertakings inspected, 22 Chinese minors were found irregularly employed. Furthermore, from September to December 2005, another inspective operation called “Girasole” has been carried out by Carabinieri, INPS and INAIL, in order to combat informal work in the agricultural sector. Out of 854 undertakings inspected, 17 minors have been found irregularly working. Finally, following some reports that minor girls were working in discos and nightclubs, the General Directorate for Inspection within the Ministry of Labour has invited regional and provincial labour directorates to intensify inspections in the entertainment sector. The Committee takes due note of this information and requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that, pursuant to the policies implemented to combat child labour, the National Fund for Children and Adolescents has been set up under Law No. 285/1997 concerning "Dispositions to promote rights and opportunities for children and adolescents". The Committee further notes that, according to section 1 of Law No. 285/1997, this Fund has been set up for the purpose of implementing actions at national, regional and local levels to assist in the promotion of the rights, quality of life, development, individual fulfilment and social development of children and adolescents, by favouring the environment which is most beneficial to them in implementation of the principles of the Convention on the Rights of the Child. The Committee notes the Government’s statement that some 163 million euro are set aside annually in order for the Fund to carry out its projects. Within the scope of these projects, which are intended to deal with children in situations of hardship and to promote actions which will prevent such situations from arising, specific actions have been financed and carried out at the municipal level with the aim of supporting the children most at risk of being exploited in child labour and those who have dropped out of school. The Committee further notes the information provided by the Government that the regulations governing the education of minors have been strengthened and that there now is an obligation to continue training up to the age of 18 years, either through the traditional educational system or through vocational training.

Moreover, the Committee notes that, in order to get a more precise understanding of the phenomenon of child labour, the Ministry of Labour has issued Circular No. 61/2002 of 18 December 2002, which requests the Regional and Provincial Labour Directorates to gather relevant data that would go beyond the information already reaching the ministry from normal six-monthly and annual reports, providing information on the types of businesses and sectors minors have been found to be working in. The Committee further takes note of the Government’s indication that, in order to strengthen the actions taken for the protection of children and adolescents, a close cooperation has been established with other bodies having responsibilities in the same area, including social services, educational authorities, police headquarters, the National Institute for Insurance Against Industrial Accidents (INAIL) and the Local Unitary Health Office (AUSL).

The Committee had previously noted the adoption of Law No. 73 of 23 April of 2002 which aims at ending all labour, including child labour, in the informal economy. It had also noted that priority actions are identified and coordinated by the Inter-ministerial Committee for Economic Planning (CIPE). The Committee had asked the Government to provide further information on these actions. The Committee notes, however, that the Government has not supplied any information on this matter. It therefore once again asks the Government to communicate further information on the actions taken by CIPE in the field of ending child labour in the informal economy.

Article 2, paragraph 1. Self-employment. The Committee had previously noted the Government’s indication that work carried out by a person on her/his own account does not fall under the legal provisions concerning the employment of children or adolescents. The Committee requested the Government to indicate any measures taken or envisaged to ensure the application of the minimum age of 15 years to all types of work outside an employment relationship such as own-account work. The Committee notes the Government’s indication that Law No. 977/67, as amended by Legislative Decree No. 345/99, regulates the minimum age of admission to employment. Section 5 of Legislative Decree No. 345/99 contains an absolute prohibition on admitting children under the age of 15 to employment. The minimum age is set at the age of completion of compulsory schooling and, in any case, may not be less than 15 years. The Committee further notes that the said Decree applies to persons under the age of 18 years who have a contract or labour relationship, including a special one, regulated by the provisions in force. The provisions extend to all labour relationships, without regard to the subordinate nature of the relationship, having to do with persons under 18 years. The Committee recalls that the Convention applies to all types of employment or work, including own-account work. The Committee therefore once again asks the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age of 15 years for admission to all types of work outside an employment relationship such as own-account work. It also requests the Government to clarify the term "special labour relationship" within the meaning of Legislative Decree No. 345/99.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the Government’s indication that, with the intention of developing minors’ cultural and vocational skills, Law No. 144 of 17 May 1999 has provided for the progressive introduction, starting in the school year 1999-2000, of compulsory attendance at training activities up to the age of 18 years. This obligation may be met either within the school system or in the regionally organized vocational training system or within the context of an apprenticeship. The Committee notes the Government’s statement that by contrast with the previous provisions, the reference is no longer exclusively linked to age but also to completion of compulsory schooling. Furthermore, referring to its previous comments, the Committee asks the Government to indicate whether the regulation enforcing the provisions of section 1 of Law No. 9 of 20 January 1999, which would bring the age of completion of compulsory schooling to 18 years, has been adopted, and if so, to supply a copy of it.

Article 6. Vocational training. The Committee had previously noted that, according to section 6(2) of Law No. 977 of 17 October 1967 as amended in 1999, adolescents (i.e. persons aged between 15 and 18 years) may carry out, for educational or vocational training purposes and for a period of time strictly required by such activity the work processes, operations and tasks listed in Annex I to the abovementioned Law (list of hazardous occupations), provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation. The Committee, in view of Article 3, paragraph 3, of the Convention, had encouraged the Government to raise the minimum age for admission to hazardous work performed as part of an educational or vocational training from 15 to 16 years. As the Government has not communicated any information on this point, the Committee once again requests the Government to indicate any measures taken or envisaged to raise the minimum age for admission to hazardous work performed as part of educational or vocational training from 15 to 16 years.

Part V of the report form.  Practical application of the Convention. The Committee takes note of the Government’s statement that the application of this Convention is entrusted to the Provincial Labour Directorate which, through the Labour Inspectorate Office, carries out supervision and also coordinates its own activities with that of other bodies bearing similar responsibilities.

The Committee also notes the information provided by the Government that, according to the Regional and Provincial Labour Directorates’ statistical analysis of the data on child labour, out of 3,000 businesses inspected during 2003, 1,636 irregular child workers were found. The majority of these cases involved non-compliance by the employers with the rules on performance of periodic medical examinations (1,238 out of 2,963) or failure to observe the maximum permitted daily and weekly working hours, rest periods and holidays (637 cases reported), while there were 242 cases of employment of a minor below the required minimum age. The Committee also notes the Government’s indication that the Ministry of Labour and Social Policies, in agreement with INSTAT and in close cooperation with the ILO, has during the past three years been carrying out an investigation on child labour, with the objective of obtaining a qualitative as well as a quantitative assessment of the phenomenon in Italy. The research covered all economic activities involving children, whether remunerated or not, and whether carried out within the informal economy or not. The Committee notes the Government’s indication that according to the data supplied by INSTAT and those gathered from campaigns of inquiries directed towards children, there are 144,000 minors working in Italy, and 31,500 of those children are exploited at work. The Committee is concerned about the large number of children exploited at work and encourages the Government to increase its efforts to improve the situation. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons by age group, extracts from the reports of the inspections services and information on the number and nature of the contraventions reported and sanctions imposed.

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The Committee takes note of the Government’s report, and requests it to supply further information on the following points.

Article 1 of the Convention. The Committee notes with interest the adoption of Law No. 73 of 23 April 2002 which aims at ending all labour, including child labour, in the informal economy. Priority actions are identified and coordinated by the Interministerial Committee for Economic Planning (CIPE). The Committee asks the Government to provide further information on these actions.

Article 2, paragraph 1. The Committee had previously noted that section 3 of Law No. 977 of 17 October 1967, as amended by Legislative Decree No. 345 of 4 August 1999 on the Protection of Children and Adolescents at Work, provides that the minimum age for admission to employment shall be the age at which compulsory education ceases and in no circumstances may be lower than 15 years. It had also noted that this Law applies to young people under 18 years of age having an employment contract or an employment relationship. The Committee had requested the Government to supply information on the measures taken to protect children who work outside an employment contract or employment relationship, such as self-employment and home work. The Government indicates that with regard to home work, the provisions laid down in Law No. 977 of 17 October 1967 do not apply to boys and girls except for the provisions of section 3(1), sections 6-11 and 24. The Government also states that the minimum age for admission to home work is 15 years of age and that the employment of minors is subject to employers’ compliance with proper working conditions and standards so as to safeguard their health, physical and mental development and morality. Moreover, minors cannot engage in heavy, unhealthy work, and a medical examination ensures that they are fit.

Regarding self-employment, the Government indicates that this kind of work does not fall under the legal provisions concerning the employment of children or adolescents and that no such protection exists. The Committee recalls that the Convention applies not only to work performed under an employment contract but to all types of employment or work, including self-employment. It therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age of 15 years to all types of work outside an employment relationship such as self-employment.

Article 2, paragraph 3. Completion of compulsory education. In its previous comments, the Committee had noted that according to the Government’s report and section 1 of Law No. 9 of 20 January 1999 on Urgent Provisions for Higher Compulsory Education, the period of compulsory schooling is extended from eight to ten years as from 1999-2000. The Government indicates that, while waiting for a regulation enforcing the provision raising the period of compulsory schooling, minors are admitted to employment as from 15 years if they have completed at least nine years of compulsory education as provided under section 1, subsection 3 of Decree No. 323/99 implementing section 1 of Law No. 9 of 20 January 1999. The Government further indicates that the new regulation, once adopted will bring the age of completion of compulsory schooling to 18 years as provided under section 1(1) of Law No. 9 of 1999. The Committee asks the Government to provide a copy of the regulation enforcing the provisions of section 1 of Law No. 9 of 20 January 1999 once it has been adopted.

Article 6. The Committee notes that according to section 6(2) of Law No. 977 of 17 October 1967 as amended in 1999, adolescents (i.e. a person aged 15 to 18 years) shall carry out, for educational or vocational training purposes and for a period of time strictly required by such activity the work processes, operations and tasks listed in Annex I to the abovementioned Law (list of hazardous occupations), provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation. The Committee, in view of Article 3, paragraph 3, of the Convention encourages the Government to raise the minimum age for admission to hazardous work performed as part of an educational or vocational training from 15 to 16 years.

Article 8. The Committee notes with interest that the Government supplied a copy of Presidential Decree No. 365 of 20 April 1994, which provides for an authorization to be granted by the Provincial Labour Directorate for the employment of children in cultural, artistic, sport or advertising activities and in the entertainment sector. By virtue of section 2 of the abovementioned Decree, the Labour Inspector may authorize a child younger than 15 years and up to 18 years of age to prepare and appear in shows and films on the conditions that it is not harmful to the young worker’s physical or psychological development. A child is not allowed to take part in artistic performances after midnight. He/she shall benefit of a rest period of at least 14 consecutives hours and such work shall not prejudice his/her attendance at school.

Part V of the report form. The Committee notes with interest that the Government supplied a copy of the 2002 report of the Ministry of Labour and Social Policy and INAIL on data on child work and the report on supervisory activities of the inspection service in 2002. It also notes the Government’s indication regarding the increase of about 3.7 per cent in the number of working children in 2001, as well as the increase in unlawful employment. The violations of the child labour provisions increased by 19.52 per cent over the year 2000. The Government states that in most instances, employers have failed to give effect to preventive and periodical medical examination and also do not conform with the provisions on maximum working hours per day or per week, the rest days and public holidays. The Committee asks the Government to give information on the measures envisaged to ensure that the legislation on child labour is applied. The Committee would be grateful if the Government could continue to provide information on the practical application of the Convention, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

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The Committee notes with interest the information contained in the Government’s report, in particular Legislative Decree No. 345 of 4 August 1999 which amends Law No. 977 of 17 October 1967 on Protection of Children and Adolescents at Work. It requests the Government to supply further information on the following points.

Article 2, paragraphs 1 and 3, of the Convention.  The Committee notes that section 3 of Law No. 977 of 17 October 1967 on Protection of Children and Adolescents at Work (as amended by Legislative Decree No. 345 of 4 August 1999) provides that the minimum age for admission to work shall be the age at which the minor completes compulsory education and in no circumstances may be lower than 15 years. It also notes that this Law applies to young people under 18 years of age having an employment contract or an employment relationship (section 1). The Committee requests the Government to supply information on the measures to protect children from work outside an employment contract or employment relationship, such as self-employment and homeworking.

Article 2, paragraph 2.  The Committee notes that according to the Government’s report and section 1 of Law No. 9 of 20 January 1999 on Urgent Provisions for Higher Compulsory Education, the period of compulsory education is extended from eight to ten years. The Committee requests the Government to indicate the exact age at which a person completes compulsory education.

The Committee notes that Law No. 9 of 20 January 1999 and section 68 of Law No. 144 of 17 May 1999 concerning Development of the National Economy prescribe compulsory attendance of training activities up to the age of 18 years. The Committee asks the Government to state whether this new training system prevents young persons of 15 to 18 years of age from working except for those in apprenticeship.

Article 8.  Section 4(2) of  Law No. 977 of 17 October 1967, as amended, provides that the Provincial Labour Directorate may authorize, upon written consent of the parental authority, the employment of children in cultural, artistic, sport or advertising activities and in the entertainment sector. Since Presidential Decree No. 365 of 20 April 1994, which provides for the authorization by virtue of section 3 of the Law, is not available at the ILO, the Committee requests the Government to supply information on whether permits granted in individual cases limit the number of hours and prescribe the conditions in which employment or work is allowed.

Part V of the report form.  The Committee notes with interest the information attached to the Government’s report about cases of the employment of minors in violation of minimum age for admission to employment. The Committee would be grateful if the Government would continue to provide information on the practical application of the Convention, such as data, inspection reports, etc.

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The Committee notes the Government's report, as well as the attached comments of the Trade Unions' Association of Credit Establishments (ASSICREDITO) and the Italian Confederation of Trade Unions (CISL). The Committee requests the Government to submit information on the following points.

Article 2, paragraphs 1, 2 and 3, of the Convention. The Committee notes the information concerning Bill No. 1093/S respecting school reform, which will raise the compulsory schooling up to the age of 16 years. It recalls that since the minimum age specified under Article 2, paragraph 1, of the Convention should not be less than the age of completion of compulsory schooling (paragraph 3), once the compulsory schooling is extended to the age of 16, the minimum age for employment or work should also be raised to the same level. Therefore, the Committee hopes that once the Bill has been adopted, the Government will take necessary measures to raise the minimum age for work to the age of 16 years in due course, as indicated in the Government's report. It also suggests the Government to consider the possibility of declaring higher minimum age (in this case, 16 years of age) in accordance with Article 2, paragraph 2.

Article 7. The Government states in the report that, according to the results of the surveys carried out on the quality of work performed by young persons who also attend school, no particular forms of psycho-physical or economic exploitation were revealed and cases of young persons working when they should attend school were rare. The Committee notes this information. It asks the Government to include in its future reports extract of reports on such surveys and to provide more concrete information on the sectors and the age group of young persons covered. Further to its previous comments, the Committee again hopes that the Government will take the necessary measures to ensure that in agriculture the employment or work of children below the minimum age is permitted only for light work, in conformity with Article 7 of the Convention, on the occasion of amending Act No. 977.

Point V of the report form. The Committee notes the Government's indication that labour inspection is carried out to monitor the work performed by children, in particular, so as to abolish the clandestine work by children and the exploitation of children. It also notes that in 1992, violations of the provisions of Act No. 977 by 4,417 enterprises were detected. The Committee further notes the CISL's comments on the importance of social policy measures, especially for families, in the abolition of child labour. The Committee requests the Government to continue its efforts to abolish child labour and to supply information on the application in practice of the Convention, with particular reference to regions with difficulty (particularly in the South) mentioned by CISL, including, for instance, statistical data, extracts from official reports and information on the number and nature of contraventions reported.

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The Committee notes the comments of the Trade Union Association for Para-State Petrochemical Enterprises, which were attached to the Government's report.

Article 7 of the Convention. In its previous comments, the Committee referred to section 3 of Act No. 977 of 17 October 1967, which authorises the employment of children aged between 14 and 15 years in agriculture provided that such employment is compatible with the necessary standards for the protection of their health and does not interfere with their school attendance. According to information supplied by the Government, it was planned to extend compulsory schooling up to 16 years of age.

In its report, the Government states that the draft Legislative Decree respecting the reform of middle and higher education, which provides for the extension of compulsory schooling up to the age of 16 years, has already been approved by the Chamber of Deputies and is under examination by the Senate. It also refers to the adoption of Act No. 216 of 19 July 1991 respecting preliminary measures for minors liable to be involved in criminal activities which, among the means set out for preventing such a contingency, emphasises the observance of compulsory schooling. The Government states that these measures should result in a decrease in the already low number of children under 16 years of age who work.

The Committee takes due note of this information. It points out that the exception provided for in Article 7 of the Convention is intended to cover light work which is not likely to be harmful to the health or prejudice the school attendance of the persons concerned. It once again hopes that the Government will be in a position to supply information on the measures that have been taken or are envisaged to ensure that in agriculture the employment or work of children below the minimum age is permitted only for light work, as is presently the case in non-industrial branches of activity under section 4 of Act No. 977. While awaiting this information, the Committee requests the Government to supply information on the number of children employed in agriculture under section 3 of Act No. 977.

Point V of the report form. The Committee notes the information supplied by the Government on the number of contraventions reported. It also notes that a survey is being carried out covering all labour inspectors in order to collect additional data on contraventions against the child labour legislation. The Committee requests the Government to supply the results of this survey and to continue supplying detailed information on the manner in which the Convention is applied in practice, and in particular, statistics on the number of contraventions reported and followed up.

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Article 7 of the Convention. Further to its previous direct request, the Committee takes note of the information provided by the Government, indicating that the employment of children under 15 years of age in agriculture, as permitted under section 3 of Act No. 977 of 17 October 1967, is limited to such employment which does not interfere with their school attendance and is compatible with the necessary standards for the protection of their health and that the labour inspection ensures that these provisions are observed. The Government also refers to section 14 of the Act prescribing that loads to be carried by children shall not exceed 10 kilograms. Finally, the Government states that it has submitted to the Parliament a draft Act on reforms in secondary education prescribing that the age of compulsory schooling shall be increased to 16 years. The Committee hopes that on the occasion of the consequent revision of Act No. 977, the Government will find it possible to add a provision expressly providing that the employment or work of children below the minimum age in agriculture may be permitted only on light work, as is presently the case in non-industrial branches of activity under section 4 of Act No. 977.

Point V of the report form. The Committee requests the Government in its next report to supply statistics on the practical application of the legislation giving effect to the Convention, and to specify, in particular, the number of children employed under section 3 of Act No. 977.