Texts of pending comments

The Committee notes with interest that the Government informs that the Constitutional Court’s ruling no. 120 of 2018 took a historic stance on the subject of professional associations “of a trade union nature” for military personnel. With this judgment, the Constitutional Court declared as partially unconstitutional section 1475 of Legislative Decree No. 66/2010 – which provided that “Military personnel may not form professional associations of a trade union nature or join other trade union associations” – and ruled that military personnel may set up professional associations of a trade union nature under the conditions and within the limits laid down by law, without prejudice to the prohibition on joining other trade union associations.

Article 6 of the Convention. Facilities to be afforded to public employees’ organizations. The Committee notes the observations of the Italian Union of Labour (UIL) transmitted with the Government’s report concerning the impact of Legislative Decree No. 90/2014 on the representation of public sector workers, which reduces by half the various hour allowances available to union representatives. The Committee notes the Government’s reply in this regard emphasizing, firstly, the imperatives of balancing the budget for the 2014 reform and, secondly, the ample opportunities still in place for the organizations of public employees and their representatives.

Article 7. Procedures for determining terms and conditions of employment. Collective bargaining. The Committee also notes the joint observations of the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL) and the UIL, received on 11 and 15 October 2021 regarding the Convention, as well as the application in the public sector of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes in this regard that the union confederations: (i) express their agreement with the content of the reports presented by the Government concerning the application of the above Conventions; (ii) note the importance of the Agreement for innovation in public employment and social cohesion, signed by the Government and the trade union organizations on 10 March 2021; and (iii) emphasize that the collective bargaining system in the public sector is regularly threatened by legislative proposals intended to restrict the independence of the partners. While noting with interest the developed nature of the collective bargaining system in the public administration described by the Government, the Committee requests it to continue to provide information on this subject in the light of the above-mentioned observations of the trade union confederations.

The Committee notes the observations of the Italian Union of Labour (UIL) communicated to the Office on 9 January 2018. It further notes the joint observations of the Italian Confederation of Workers’ Trade Unions (CISL), the Italian General Confederation of Labour (CGIL), and the UIL communicated with the Government’s report and to the Office on 4 November 2019.

Article 1(c) of the Convention. Information on general agreements and special arrangements. In response to the Committee’s request to continue to provide information on bilateral agreements adopted as well as on their implementation, the Committee notes the information provided by the Government in its report about the agreement signed with the Government of the Philippines as well as the joint declaration adopted on 9 February 2017 with the Government of Tunisia which laid the ground for the ongoing negotiation of a framework agreement on migration and development. The Committee also notes the Government’s indication that: (1) a new agreement is being negotiated with the Government of the Republic of Moldova and that a number of capacity-building and professional training initiatives have been undertaken in collaboration with the Governments of the Republic of Moldova and the Philippines on the basis of the existing migration agreements; and (2) circular migration programmes for seasonal workers have been put into place in collaboration with the Government of Mauritius. On the other hand, the Committee notes that, in their observations, CISL, CGIL and UIL emphasize the lack of regulation on the entry of migrant workers for employment relationships of indefinite duration (permanent contracts), following the suspension of the annual adoption of decrees setting the admission quotas. They observe that although justified in a phase of acute economic crisis, the extended suspension has the effect of increasing the clandestine movement of migrants. The Committee requests the Government to continue to provide information on the agreements adopted as well as on their implementation and to indicate any measures taken concerning the migration of permanent migrant workers.

Article 6. Equality of treatment. The Committee notes the observations by CISL, CGIL and UIL according to which migrant workers receive on average less than 22.9 per cent of the remuneration paid to nationals for the same job or task, and that thousands of migrant workers fall outside the scope of protection of the legislation because they work in the informal economy. The Committee refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), in this respect.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that in its previous comments it referred to the adoption of Decree Law No. 89/2011, which completes the implementation of Directive 2004/38/EC on the right of citizens of the European Union (EU) to move and reside freely and transposes Directive 2008/115/EC on returning illegally staying third-country nationals. Noting that section 21 of the Decree provides that any recourse to the social welfare system by EU citizens or their family members shall not automatically constitute a ground for removal, but shall be assessed on a case-by-case basis, the Committee requested the Government to provide information on the practical application of this provision with respect to EU citizens or their family members and to indicate whether third country nationals who have been admitted on a permanent basis (and the members of their family who have been authorized to accompany or join them) maintain their right of residence in the case of incapacity for work. The Committee notes the Government’s indication that the national legislation concerning work accidents and occupational diseases applies equally to all workers living in the country and this has not been changed by the above-mentioned provisions. The Government also informs that in case of temporary incapacity for work following an accident, EU citizens do not lose their right of residence. While noting the information provided by the Government, the Committee requests it to indicate whether third country nationals who have been admitted on a permanent basis (and the members of their family who have been authorized to accompany or join them) maintain their right of residence in the case of incapacity for work and to clarify the regime applying to EU citizens in case of permanent incapacity for work, including information on the number and type of cases in which the permit of residence has been removed.

The Committee also refers to its comments formulated under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

The Committee notes the observations of the General Confederation of Industry (CONFINDUSTRIA) communicated to the Office on 4 November 2019.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee requested the Government to take proactive measures to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value and to provide information on the impact of these measures on the reduction of the gender pay gap. The Committee also asked the Government to provide the following information: (1) information on the impact of the implementation of the Code of Equal Opportunities (Legislative Decree No. 198 of 2006) and the activities carried out by the National Equality Counsellor on the application of the principle of the Convention; (2) statistics disaggregated by sex on the distribution of men and women in the different sectors and occupations and their corresponding earnings, including in higher level occupations, in the public and private sectors; and (3) information on any measures adopted with the aim of collecting and processing statistical data on gender wage differentials, pursuant to section 46 of the Code. The Committee notes that, in its report, the Government indicates that on average women earn EUR 25,000 a year, while men earn EUR 44,000. The Government also indicates that, according to EUROSTAT data, the gender pay gap in the country is 5.3 per cent, compared to the European average of 16.3 per cent, and explains that this figure is due to the fact that the gender pay gap is particularly low in the public sector and thus compensates for any greater gaps found in the private sector. The Committee also notes the Government’s indication that the gender pay gap is greater in the case of part-time work (8.4 per cent) and that in 2018, 32.4 per cent of employed women had a part-time job, compared with 8.5 per cent of men. The Government further indicates that, while the gender pay gap is observed in all sectors of the economy, higher values are found in financial and insurance activities, as well as in real estate activities. Lower values are observed in education, where public providers prevail. The Committee further notes the information provided by the Government that women are concentrated in economic activities that offer lower levels of remuneration, irrespective of the worker’s sex, but which provide more opportunities to reconcile professional obligations with family responsibilities, such as the education sector, care work and the textile industry. The Committee further notes the Government’s indication that more recent statistical information disaggregated by sex regarding the distribution of men and women in different sectors and occupations and their corresponding earnings are being elaborated by the National Institute of Statistics (INSTAT) and will be communicated once available. The Government adds that, following the introduction of mandatory quotas for women on the boards of public companies, women represent 33.5 per cent of board members according to the latest data from the Italian Companies and Stock Exchange Commission (Consob).

Concerning the proactive measures taken to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value, the Committee notes the information provided by the Government on several activities undertaken in this respect by the Department of Equal Opportunities under the Presidency of the Council of Ministers, the Ministry of Labour and Social Policies, the Committee for Equal Opportunities, the National Equality Counsellor and the network of local equality counsellors, including: the G7 Roadmap for a Gender-Responsive Economic Environment, promoted by the Government during the Italian presidency of the G7; the programme “smart working” to promote life and work balance in the public administration; the pilot project “Experimenting Flexible Labour Tools for Enterprises by Engaging Men and Women” which, according to the assessment made, resulted in higher productivity, greater worker satisfaction and better life–work reconciliation; the promotion of women’s access to managerial positions, through the monitoring of women’s participation in company management and control bodies ad a result of the collaboration between the Central Bank, the Department of Equal Opportunities and the Consob; various measures to promote girls’ access to education in scientific and technical subject matters, encompassing, for example, summer camps in science, technology, engineering and mathematics (STEM) subjects for children attending primary and secondary school; and the creation in November 2019 of the Permanent Forum on Gender Equality by the National Council for Economy and Labour (CNEL) designed to identify concrete actions against gender inequalities, including tackling the gender pay gap, in collaboration with the social partners and public institutions. With regard more particularly to the role played by the Equality Counsellor in connection with the implementation of section 46 of the Code of Equal Opportunities, the Committee notes the Government’s indication that, in order to ensure the collection of data on gender wage differentials throughout the territory in a uniform manner, procedures have been simplified and a single IT platform has been created, and that this new method of data collection started in 2019 and a report will be made available in 2021. The Committee also notes CONFINDUSTRIA’s observation that often one root cause of the gender pay gap resides in women’s difficulty of participating in the labour market with the same “intensity” as men due to their care role. CONFINDUSTRIA observes that measures aimed at reconciling work and family responsibilities allow a greater involvement of women in the labour market, with positive repercussions on their economic conditions, including their pension entitlements. In this regard, the Committee notes that women bear an unequal burden of family responsibilities and that a more equitable sharing of family responsibilities between men and women should be encouraged. In this respect, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee welcomes the range of measures adopted by the Government to reduce the gender pay gap and asks it to supply, once available, updated statistical information, disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings, in the public and private sectors, as well as the information on gender wage differentials collected by the Equality Counsellor under section 46 of the Code of Equal Opportunities. The Committee also asks the Government to continue providing information on the measures taken to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value, including any measures adopted in collaboration with social partners and any action promoted by the Forum on Gender Equality, and their impact on reducing the gender pay gap.

Occupational gender segregation. In its previous comments, the Committee asked the Government to provide information on the impact on reducing the gender pay gap of the implementation of the Inter-ministerial Decree of 13 October 2015, which establishes incentives for the recruitment of men and women in the sectors and occupations where they are under-represented, and the measures directed at promoting gender equality adopted by the National Equality Counsellor and the Department of Equal Opportunities of the Prime Minister’s Office. The Committee notes the Government’s indication that, under the above Inter-ministerial Decree, the Government invested EUR 23.5 million, EUR 52.8 million and EUR 94.6 million, respectively, in 2016, 2017 and 2018 in incentives for the recruitment of women in the sectors and occupations where they were under-represented. These incentives concerned the following sectors: agriculture, construction, mining, electricity supply, water supply and waste management, wholesale, transportation and storage, and public administration services. While noting the information provided by the Government, the Committee asks it to report on the results achieved in addressing occupational gender segregation and reducing the gender pay gap since the adoption of the incentives established by the Inter-ministerial Decree of 13 October 2015, including information on the measures adopted to promote the recruitment of men in sectors and occupations where they are under-represented.

Public administration. In its previous comments, the Committee asked the Government to indicate the specific measures adopted to ensure the application of the principle of the Convention in the public administration and to report on their impact on reducing the gender pay gap. The Committee notes that the Government refers to the adoption of Directive No. 2/2019 by the Ministry of Public Administration and the Department of Equal Opportunity, which contains measures to promote equal opportunities for men and women and encompasses specific measures aimed at identifying and addressing any wage differentials based on gender. The Committee also notes the Plan for Positive Actions for the years 2016–18 of the Ministry of Labour and Social Policies that was annexed to the Government’s report. The Plan envisaged measures directed at: raising awareness among staff of the public administration, particularly managers, on gender equality; facilitating the reconciliation of family and work responsibilities; and promoting the return to work of workers after a time of absence due to maternity or paternity leave, or leave to take care of family members. The Committee asks the Government to provide information on the final evaluation of the Plan for Positive Actions, its impact on reducing the gender pay gap in the public administration and any lessons learnt for future action. The Committee also asks the Government to provide information on the implementation of Directive No. 2/2019, and particularly on any periodic monitoring and assessment made to identify its impact on the application of the principle of the Convention.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the implementation of section 28(2) of the Code of Equal Opportunities, under which “systems of job classification determining remuneration shall adopt common criteria for men and women and be developed with a view to eliminating discrimination”. It also asked the Government to provide information on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors. The Committee notes the information provided by the Government on the manner in which levels of remuneration are generally established respecting a “minimum” set out in collective agreements irrespective of gender. The Committee also notes the Government’s reference to a number of decisions of the Constitutional Court clarifying, among other matters, that ordinary judges are called upon to oversee the classification of workers in the various job categories and remuneration scales so as to ensure that such classification corresponds in practice to the work actually performed by the worker and to demand any corrective measure in accordance with the principle of equal treatment in respect of remuneration. The Committee further notes the observations by CONFINDUSTRIA that collective bargaining has historically played an important role in guaranteeing gender equality. Recalling that women may be predominately employed in certain specific sectors and occupations, the Committee asks the Government to indicate how it is ensured that the systems of job classification currently used to guide the determination of remuneration levels are free from gender bias and guarantee in practice the application of the principle of equal remuneration for men and women for work of equal value. The Committee also once again asks the Government to provide information on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors.

Enforcement. In its previous comments, the Committee asked the Government to: (1) enhance the capacity of labour inspectors and other competent authorities to identify and address cases of violation of the principle of equal remuneration for men and women for work of equal value and to provide information in this respect, including on the remedies provided and the sanctions imposed; (2) provide information on the impact of the application of anti-discrimination legislation (such as Legislative Decree No. 5/2010 and Act No. 183/2010) on reducing pay differentials between men and women; and (3) provide specific information on the activities of the Single Committee to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination (CUG) with respect to the implementation of the Convention. The Government indicates in response that the labour inspectorate is still unable to provide information specifically concerning violations of the principle of the Convention, but that the possibility of collecting such information in addition to general information concerning violations of the principle of gender equality will be submitted to the competent authorities for consideration. The Committee also notes that the labour inspectorate operates in cooperation with national and local equality counsellors and can also act on the basis of the information transmitted by them. In this respect, the Committee notes the Government’s indication that workers can bring any issues concerning the application of the principle of the Convention to the attention of the counsellors pursuant to the Code of Equal Opportunities, as amended, among others, by Legislative Decree No. 5/2010. The Committee further notes the cases of violations of the relevant legislation concerning maternity protection and gender equality detected by the labour inspectorate (641 cases in 2017 and 632 in 2018), as well as the information on the various awareness-raising activities on themes related to gender equality organized by the labour inspectorate. The Government add that the CUG is responsible for reporting annually on the implementation of the Plan for Positive Actions in the public administration and refers to its above comments on this subject. The Committee recognizes the particular difficulties faced by labour inspectors in identifying cases of wage discrimination and in determining whether equal pay is provided for work of equal value, especially where men and women do not perform the same work. It therefore wishes to stress the importance of training labour inspectors so that they are better able to prevent, detect and remedy such cases. The Committee asks the Government to provide information on any measures taken or envisaged to ensure that the labour inspectorate is in a position to report specifically on cases of violation of the principle of equal remuneration for men and women for work of equal value and the sanctions imposed. It also asks the Government to enhance the capacity of all other competent authorities to identify and address cases of violation of the principle of the Convention and to provide information on any such cases dealt with by national and local counsellors and/or referred by them to the labour inspectorate.

The Committee notes the observations of the Italian Confederation of Managers and High-level Professionals (CIDA) communicated with the Government’s report.

Article 1 of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In its previous observation, referring to the practice of having workers sign an undated letter of resignation at the time of hiring for future use by employers (licenziamento in bianco) and its disproportionate impact on women with children under three years of age, the Committee asked the Government to: (1) step up its efforts to prevent and eliminate all discrimination against women based on pregnancy and maternity; (2) provide information on the implementation of the specific measures adopted under Legislative Decree No. 80/2015 (for the reconciliation of care, work and family life) and under Act No. 81/2017 (for the promotion of flexible new working arrangements for employees in the public and private sectors), and their impact on reducing the incidence of resignations among working women; and (3) provide information on the impact in this respect of the measures implemented under the three-year plan on affirmative action by the public administration. The Committee notes the information provided by the Government in its report on the measures adopted with the aim of facilitating the reconciliation of family and work responsibilities, including the introduction of allowances for nurseries and a special bonus for the birth or the adoption of a child, as well as updated information on the number of resignations and consensual terminations validated by the labour inspectorate in 2017 and 2018, which concerned working mothers in more than 70 per cent of cases. The Committee also notes the Government’s indication that over the same period there was an increase in cases of resignations and consensual terminations concerning working fathers (15 per cent more in 2017 than in 2016, and 49 per cent more in 2018 than in 2017). The Committee notes that, according to the information provided by the Government, the most frequently stated reason for resignation given by workers continues to be the difficulty of reconciling their work and family responsibilities (36 per cent of the cases validated by the labour inspectorate), with workers mentioning, among other obstacles, the costs of child-care support (babysitters or nurseries), lack of access to kindergartens (that is, the unavailability of child-care facilities in numbers sufficient to meet demand) and the absence of grandparents or other family members who could provide help. In this connection, the Committee notes from the 2018 report of the labour inspectorate on the validation of resignations and consensual terminations that, of 2,062 requests for part-time work or other flexible working arrangements made by the workers concerned, only 423 were accepted by the employer. The same report indicates that the vast majority of cases of resignation and consensual termination (76 per cent) are in the tertiary sector, where women are over-represented.

Noting that family responsibilities continue to represent a major barrier for workers, especially women, to engage in the employment of their choice, the Committee wishes to emphasize that measures assisting workers with family responsibilities are essential to the promotion of gender equality in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 785). In this regard, the Committee notes from the 2017 report on the investigation of national gender equality policies conducted by the Italian Institute of Statistics (INSTAT), that women face greater difficulties in accessing the labour market because of the burden of family responsibilities and the difficulty of reconciling them with their professional life. The INSTAT report indicates that the employment rate of single women is 81.1 per cent, compared with 70.8 per cent for women living with a partner and 56.4 per cent for women with children. The Committee further notes CIDA’s indication that reconciling family and work responsibilities remains an obstacle particularly for women managers. It also notes from the website of the National Agency for Active Labour Policies (ANPAL) that an international comparative analysis of national policy development for life–work balance was completed in 2019. The Committee therefore once again asks the Government to step up its efforts to prevent and address all discrimination against women based on pregnancy and maternity, in both the private and public sectors, including by adopting measures to promote the reconciliation of work and family responsibilities, ensuring that such measures are available to men and women on an equal footing and encouraging their use by both, and to provide information on the impact of the measures adopted. Noting the adoption on 20 June 2019 of Directive (EU) 2019/1158 of the European Parliament and the Council on work–life balance for parents and carers, the Committee also asks the Government to provide information on the measures taken pursuant to this Directive.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the Italian Confederation of Managers and High-level Professionals (Confederazione Italiana Dirigenti e Alte Professionalità) (CIDA) communicated with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that sexual harassment undermines equality at work and that it has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights. Given the gravity and serious consequences of sexual harassment, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment at work. The Committee again asks the Government to provide information on the specific measures taken or envisaged to prevent and address both quid pro quo and hostile environment sexual harassment at work, and to indicate the results achieved.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee asked the Government to: (1) monitor the application of Legislative Decree No. 8/2016 with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions, and to provide information in this respect; (2) provide information on the application in practice of Act No. 92/2012, Decree No. 243/2012 and Legislative Decree No. 5/2010 and their impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market; and (3) supply information on the impact of all the programmes and measures adopted to promote equal opportunities and treatment for men and women in access to employment and occupation, including “Italia 2020”. The Committee notes CIDA’s observations on persisting gender inequalities in the world of work. CIDA indicates, among other matters, that, according to data from Almalaurea (Interuniversity Consortium comprising 75 Universities), five years after completing university education, 60.3 per cent of men obtain a permanent employment contract against 50.1 per cent of women; and the gender pay gap is 18.3 per cent in these cases, with men earning a monthly salary of €1,675 compared to women’s salary of €1,416, all other conditions being equal. CIDA also underscores that 70 per cent of managerial positions are held by men, although progress is being made: according to the data provided by the National Institute for Social Security (INPS) in 2017, women represented 31.7 per cent of managers in the private sector under the age of 35 and 27.9 per cent of managers under the age of 40. The Committee notes CIDA’s indication that there is a need to ensure equal opportunity for men and women starting with the domain of education and professional training. The Committee also notes from the 2017 report on the investigation of national policies for gender equality conducted by the Italian Institute of Statistics (INSTAT) that: (1) women’s rate of completion of tertiary education is higher than men’s, and the drop-out rates are lower for women than for men; and (2) the number of women graduating in techno-scientific fields is lower than men but the gender gap in this regard is lower than the European average. The Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee once again asks the Government to provide information on the programmes and measures adopted to promote equal opportunities and treatment for men and women in respect of access to employment and occupation and their impact, and also reiterates its request for information on: (i) the monitoring of the application of Legislative Decree No. 8/2016, with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions; and (ii) the application in practice of Legislative Decree No. 198 of 11 April 2006 (National Code of Equal Opportunities between Women and Men) as subsequently amended, and its impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. In its previous observation, the Committee asked the Government to gather and provide detailed information on the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction and the main obstacles encountered. The Committee also encouraged the Government to collect data disaggregated by ethnic origin on the distribution of women and men in the labour market in order to better monitor and assess the impact of the measures taken to prevent and address discrimination in employment and occupation based on race, colour and national extraction. It further asked the Government to provide information on the activities of the Centre for research and monitoring of xenophobia and racial and ethnic discrimination (CERIDER) and their results, as well as on the activities of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) and the outcome of the cases of discrimination processed. The Committee notes the Government’s reference to the 2019 report of the Ministry of Labour and Social Policies concerning “foreigners in the Italian labour market” annexed to the Government’s report, which provides statistical information concerning the occupational distribution and the employment rate of non-Italian workers (which goes from 82 per cent for Filipinos to 16.7 per cent for Ghanaians). The Committee notes from this report that foreign workers represented, in 2018, approximately 10 per cent of the total employed persons, and that 25.5 per cent of households of foreign workers were affected by poverty due to, among other matters, the type of job performed by the foreign workers and the level of remuneration received. The Committee also notes the yearly reports on the presence of migrants in metropolitan cities, referred to by the Government, which provide information on the social and labour integration of migrants. In this respect, the Committee refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee further notes the information about the measures adopted in the framework of various programmes with a view to promoting the labour integration of foreign workers, including, for example: (1) the programme “INSIDE”, which was implemented from 2015 to 2018 and promoted the employment of the participants, mainly of Afghan, Pakistani and Somali origin; (2) the programme “PUOI”, which was launched in 2019 and builds on the achievements and activities of INSIDE; and (3) the Project “PERCORSI” which started in 2016 and targets foreign youth. The Committee notes the Government’s indication that the programme “INSIDE” and the project “PERCORSI” were included in the European Commission database on promising practices for social and occupational integration. The Committee notes, in particular, from the report on the monitoring of “PERCORSI”, that a two-fold action has been undertaken which aims, on the one hand, to provide professional training to foreign youth through apprenticeships, and on the other, to support their labour integration through liaising with the main actors in the labour market. The report puts forward a series of recommendations to strengthen the project, including extending the duration of the apprenticeships beyond the five months currently offered; issuing certifications of the skills acquired to help the search for employment; and improving the match between the participant’s background and aspiration and the type of training opportunity provided. The Committee notes with interest that these recommendations stem from a participatory exercise, based on focus group discussions with the actors concerned, on the monitoring and evaluation of the implementation of measures adopted in the framework of the project. The Committee, however, notes that the information provided by the Government mainly concerns non-Italian nationals. Concerning CERIDER, the Government states that it was created as a subsidiary body of UNAR to carry out a pilot project of a temporary nature and that UNAR continues to undertake its activities to prevent, address and monitor cases of discrimination in the country. In this regard, the Committee notes that, according to the 2018 UNAR report, 2,864 cases of discrimination based on race and ethnic origin were dealt with by UNAR in 2018, representing 70.4 per cent of the total number of cases dealt with, a minority of which concerned the world of work (about 9 per cent of all cases handled). The Committee also notes the awareness-raising activities undertaken by UNAR to combat discrimination. The Committee asks the Government to continue to monitor the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction, including in respect of Italian citizens. The Committee also asks the Government to provide information in this regard, including any relevant statistical information disaggregated by sex and ethnic origin allowing for the monitoring of progress in addressing occupational segregation and discrimination in remuneration for work of equal value based on the grounds of race, colour and national extraction. Referring to its 2018 general observation on the Convention, the Committee also encourages the Government to build on the participatory exercise mentioned above and consult, wherever possible, the interested groups on the design, implementation, monitoring and evaluation of the measures adopted to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction and to provide information in this respect. The Committee further asks the Government to continue to supply information on the activities of UNAR and the outcome of the cases of discrimination examined.

Roma, Sinti and Travellers. In its previous observation, the Committee asked the Government to: (i) undertake a comprehensive assessment of the progress made to date in addressing the discrimination suffered by Roma, Sinti and Travellers in employment and occupation; (ii) identify the additional measures needed in order to advance further equality of opportunity and treatment for men and women of Roma, Sinti and Travellers groups; (iii) indicate how the implementation of these measures is coordinated and monitored, and supply information on their impact, including information on the results of the pilot initiative undertaken by UNAR to promote access to employment for disadvantaged and discriminated groups and any follow-up envisaged; and (iv) provide information on the National Strategy for the Inclusion of Roma, Sinti and Travellers and the results of the research project on the integration of Roma, Sinti and Travellers carried out by INSTAT and the Department of Equal Opportunities, including any statistical data gathered in this context. The Committee notes the Government’s indication that there is a lack of reliable data on the Roma, Sinti and Traveller population which poses a challenge in addressing the issues faced by this population group. The Government explains that the lack of reliable data is due to the fact that Roma and Sinti people are in the main part self-employed and engaged in an extremely varied range of traditional occupations; some information on the discrimination faced by these groups is, however, captured by UNAR’s annual reports. The Committee notes from the 2018 report by UNAR that, in 2018, out of the total of 2,864 cases of discrimination based on race and ethnic origin treated by UNAR, 424 cases concerned Roma, Sinti and Traveller people. The Committee notes that the Government informs about: (1) the measures adopted in the framework of the National Strategy Against Poverty 2018–2020 in support of the most marginalized segments of the national population, including the Roma, Sinti and Travellers, such as the reddito di cittadinanza (citizens’ basic income) coupled with a customized support to the labour integration of the persons concerned; (2) the numerous measures adopted to promote access to education and to tackle school dropouts among Roma, Sinti and Traveller children, including under the National Project for the Inclusion and Integration of Roma, Sinti and Traveller Children; and (iii) the measures taken under the National Strategy for the Inclusion of Roma, Sinti and Travellers as reported by UNAR, including a number of activities designed to address stereotypes and prejudices against Roma, Sinti and Travellers. The Committee further notes that the Government indicates that UNAR will be studying the feasibility of extending to Italy the approach adopted in Spain with the programme ACCEDER, which has proved to be particularly successful in promoting the integration of the above-mentioned population groups, and consists of a multi-fold action designed to promote Roma, Sinti and Travellers’ access to employment and occupation encompassing, among others, gap-analysis of professional skills, professional training, including internships and apprenticeships, support to develop entrepreneurship, and access to microcredit. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of Roma, Sinti and Travellers in employment and occupation. The Committee also asks the Government to provide information, including statistical information, disaggregated by sex, wherever possible, on the results achieved in practice in ensuring access to education, vocational training, employment and occupation, without discrimination, for Roma, Sinti and Traveller persons, as well as in ensuring the enjoyment of equal treatment in respect of terms and conditions of employment. The Committee asks the Government to provide information on measures taken to monitor the progress made and identify any additional adjustments needed in order to advance further on these issues. The Committee also asks the Government to supply information on the implementation of the ACCEDER model, if and when adopted, and on any particular measures adopted or envisaged to tackle the current lack of reliable data on the situation of Roma, Sinti and Travellers in employment and occupation, including by the National Institute of Statistics.

General observation 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity and treatment irrespective of disability, sexual orientation and gender identity. In its previous comments, the Committee asked the Government to: (1) identify the specific measures adopted under the National LGBT Strategy and their impact in addressing and preventing discrimination in employment and occupation on the ground of sexual orientation and gender identity; (2) continue providing information on the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (3) provide information on the cases of discrimination processed by UNAR and reported to or detected by labour inspectors, and their outcomes. The Committee notes from UNAR’s 2018 report that, of all cases of discrimination processed by UNAR in 2018, those based on sexual orientation and gender identity represented 7 per cent of the total, and those based on disability represented 5.4 per cent of the total. The Committee also notes from UNAR’s report that a permanent roundtable was established to consult LGBTI+ associations and those associations working in support of LGBT+ persons’ rights with a view to ensuring the exchange of information and the identification of best practices and proposals for action in various domains, including labour. The Committee asks the Government to provide information on any measures adopted following the consultations held with LGBTI+ associations to promote equality of opportunity and treatment for LGBTI+ persons in respect of employment and occupation. It also once again asks the Government to provide information on: (i) the specific measures adopted under the National LGBT Strategy to address and prevent discrimination in employment and occupation on the ground of sexual orientation and gender identity and their impact; (ii) the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (iii) the cases of discrimination in employment and occupation processed by UNAR and reported to or detected by labour inspectors, and their outcomes.

Public administration. In its previous comments, the Committee asked the Government to: (1) provide information on the impact of the three-year plans for affirmative action adopted by the public administration on the advancement of equality of opportunity and treatment, particularly with regard to the access of women to posts and job positions in the public administration in which they are under-represented; (2) identify any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention; and (3) supply information on the activities of the “Single Committee to guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination”, including the manner in which this committee cooperates with the National Equality Counsellor. The Committee notes from the report by the Ministry of Economy and Finance on the actions undertaken by the public administration to tackle gender gaps, which was annexed to the Government’s report, that the office of the Presidency of the Council of Ministers and the various Ministries adopted a range of measures designed to promote a better reconciliation of family and work lives for their staff, including the establishment of kindergartens and playrooms, the organization of after-school activities and summer camps, and the arrangement of part-time work. According to the data included in the report, in 2017, in the office of the Presidency of the Council of Ministers, four women and nine men made use of the kindergarten facilities offered, no workers resorted to teleworking, and 67 women, compared to 15 men, used part-time work arrangements. Likewise, for example, in the Ministry of Labour and Social Policies, 78 women and 18 men used part-time work arrangements. The Committee asks the Government to provide information on the measures taken to promote equality of opportunity and treatment between men and women in the public sector more broadly, as well as on any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention.

Part I. Migration in abusive conditions. Articles 2–7 of the Convention. Multilateral and bilateral cooperation. In its previous observation, the Committee noted the complex and global nature of the phenomenon of irregular migration as well as the efforts deployed by the Government to find solutions to address migration in abusive conditions, and requested it to continue to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, multilateral and regional cooperation to address the issue of irregular migration with full respect to migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants. The Committee also asked the Government to provide information on any developments in this regard as well as on all the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. The Committee notes the information provided by the Government in its report about the Italian Agency for Development Cooperation (AICS) – established by Law No. 125 of 2014 – which is in charge of actions focused on migration and development, including research aimed at identifying the most suitable approaches to ensure safe, orderly and regular migration; and programmes and projects directed at ensuring a safe, orderly and regular migration. In this framework, in 2017, the AICS published a report on “Sustainable migration: Interventions in the country of origin” laying down a number of policy interventions to combat migration in abusive conditions, ranging from active labour policies, education, professional training and investments in the countries of origin, to “preparatory” programmes for migrants workers and policies for circular migration, among others. The Committee further notes the Government’s indication that the work of AICS also involves organizations and associations of migrants in Italy. In addition, the Government informs that it has contributed to the design of the European Union’s (EU) External Investment Plan (EIP) that provides the framework for investments in Africa and in the neighbouring countries of the EU with a view to promoting sustainable interventions to tackle some of the root causes of migration. Concerning international cooperation, the Committee also notes that the Government provides detailed information on the range of agreements signed, as of April 2017, to address the issue of irregular migration and regulate repatriation, including bilateral agreements with European and non-European countries, such as Algeria, Egypt and Nigeria, among others, and memoranda of understanding with several countries, encompassing, for example, Gambia, Ghana, Malta, Niger, Senegal, and Sudan. The Committee further notes from the website of the Government that in 2017 a Memorandum of Understanding was reached with the Government of Libya on “cooperation in the fields of development, the fight against illegal immigration, human trafficking and smuggling and on reinforcing the security of borders between the State of Libya and the Italian Republic”, which has been criticized by various actors for its impact on the human rights of migrants, including more recently by the Commissioner for Human Rights of the Council of Europe (CoE) who asked for the suspension of the cooperation activities in place with the Libyan Coast Guard that impact, directly or indirectly, on the return of persons intercepted at sea to Libya until clear guarantees of human rights compliance are in place (statement of 30 January 2020) and asked all CoE Member States to urgently review their cooperation activities (Recommendation on bridging the protection gap for refugees and migrants in the Mediterranean, June 2019).

As regards the measures adopted at national level to ensure respect of the human rights of all migrant workers, the Committee notes the information provided by the Government on a number of legislative measures adopted, including: the increase by 20 per cent of the sanctions against the employer of a migrant worker who lacks the permit of residence or whose permit is expired, introduced by Legislative Decree No. 151 of 2015 amending section 22 of Legislative Decree No. 286 of 1998 (Consolidated Immigration Law); and the measures directed at combating labour exploitation in agriculture, adopted with Law No. 199 of 2016. In this respect, the Committee notes, in particular, the protocols signed between various ministries and public authorities to tackle the illegal intermediation of labour and the exploitation of agricultural workers “caporalato” in collaboration with trade unions, civil society organizations and the organizations of agricultural businesses. On the other hand, the Committee notes that the Government provides information about the difficulties faced in combating the trafficking of migrants, especially when this happens via the sea, due to the strategies adopted by the responsible criminal organizations to elude the jurisdiction of destination countries. The Committee also notes the Government’s indication that the difficulties have been exacerbated further in recent times because smugglers now select, from the trafficked persons, young persons who have fishing experience or can speak English and leave to them the conduct of the boats beyond the territorial waters of the country of origin.

Acknowledging the efforts of the Government and emphasizing the continuing need for multilateral cooperation and cohesive action, particularly at European level, to address, in a comprehensive and effective manner, migration in abusive conditions, the Committee requests the Government to continue to take measures to promote cooperation at various levels to address irregular migration with full respect of migrant workers’ human rights. The Committee also requests the Government to provide information in this respect, including on any progress made in overcoming the difficulties currently faced in counteracting the trafficking of migrants and prosecuting the authors. The Committee also asks the Government to provide information on the actions taken by the AICS to ensure safe, orderly and regular migration and to continue to supply information on the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. It further encourages the Government to review its Memorandum of Understanding of 2017 with Libya with a view to ensuring respect for the human rights of all migrant workers.

Articles 1 and 9. Minimum standards of protection. Access to justice. The Committee recalls that in its previous observation it underlined that access to justice, including adequate access to assistance and advice, is a basic human right which must be guaranteed to all migrant workers in law and in practice and highlighted the importance of providing for effective and speedy legal procedures. In this regard, the Committee requested the Government : (1) to indicate the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012 – which contemplates the issuance of a six-month residence permit on humanitarian grounds for those third country nationals who in cases of “particularly exploitative working conditions”, lodge complaints or cooperate in criminal proceedings against employers, at the initiative or with the favourable opinion of the courts; (2) to provide information on how it is ensured in practice that all migrant workers in an irregular situation can seek redress from the courts with respect to violation of their rights arising out of past employment including non-payment or under-payment of wages, social security and other benefits; (3) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (4) to provide information on the manner in which adequate legal defence for migrant workers in an irregular situation is ensured, including in detention centres; and (5) to continue to provide information on inspections carried out in the construction and agriculture as well as other sectors to detect illegal employment of migrants and the results achieved.

Concerning the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012, the Committee notes the Government’s indication that Law No. 132 of 2018 abrogated the temporary residence permit on humanitarian grounds, which was provided for by Legislative Decree No. 109/2012. The Government however informs that section 22 of the Consolidated Immigration Law, as amended by Law No. 132 of 2018, still stipulates that the foreign worker who lodges a complaint against his or her employer alleging “particularly exploitative working conditions” and cooperates in the related criminal proceeding, can be issued a special residence permit of the duration of six months, subject to the favourable opinion of the Public Prosecutor. Pursuant to section 22(12)(6) of the Consolidated Immigration Law, such special permit allows the possibility of taking up a job and can be converted, after its expiry, into a residence permit allowing wage-employment or self-employment. Concerning the notion of “particularly exploitative working conditions”, the Government refers to article 603bis of the Criminal Code, as amended by Law No. 199 of 2016, which defines the crime of illegal intermediation of labour and labour exploitation. The Committee notes that, according to this article, the existence of labour exploitation is presumed in presence of one of more of the following conditions: (1) reiterated payment of remunerations that do not correspond with what is established in the national or territorial collective agreements signed by the most representative workers’ organizations at national level, or that is not proportionate to the quantity and quality of the work performed; (2) reiterated violation of the norms regulating working time, rest periods and annual holidays; (3) breach of the norms governing occupational safety and health; and (4) subjecting the worker to working conditions, surveillance methods and housing conditions that are degrading. As regards migrant workers’ access to justice in practice, the Committee notes the Government’s indication that migrant workers who allege the non-payment or under-payment of wages, social security and other benefits are entitled to seek redress from the courts under article 2126 of the Civil Code, which provides for the payment of remuneration for the period in which the work has been performed as well as the payment of social security contributions on the part of the employer. The Government indicates that the complaint can be filed either by the concerned migrant worker or by a trade union or other association and explains that migrant workers in irregular situation can also denounce the situation before labour inspectors and the local offices of the national social security service. Furthermore, the Government indicates that on 10 February 2017 the Ministry of Interior and the Ministry of Labour and Social Policies adopted a joint decree defining the terms and modalities to ensure that illegally employed migrant workers have access to information concerning their rights and how to claim them, before the execution of any expulsion order, in accordance with European Directive 2009/52/CE. Based on this decree, an “information note” has been developed, containing information about the rights to remuneration and social security benefits as well as on the different avenues to claim these rights. The Committee notes the Government’s indication that this note is distributed to the workers by employers’ and workers’ organizations and by labour inspectors. The Committee also notes from the “information note” annexed to the Government’s report that such note is to be signed by the worker, to whom one copy of the document is given, while another copy is sent to the Immigration Office in charge of repatriation procedures. The Committee, however, notes that there is no indication as to the languages in which this note is available. It also notes that the information note does not provide information on the possibility that migrant workers have of obtaining a special resident permit in case of “particularly exploitative working conditions” under article 22 of the Consolidated Immigration Law. As far as the results of labour inspections are concerned, the Committee notes the information provided by the Government based on the data gathered by the National Labour Inspectorate in 2016. The Committee notes that the labour inspectors found 1,357 non-EU migrant workers in irregular situations, particularly in the industry and manufacturing sectors followed by the tertiary sector. The Committee further notes from the 2018 report of the Labour Inspectorate, available on its website, the specific information concerning the detection of illegal intermediation of labour and labour exploitation of workers, including migrant workers. In particular, the Committee notes that, in 2018, 7,160 inspections were undertaken in the agriculture sector, which found irregular situations in more than 50 per cent of cases. Of the 5,114 workers in irregular situations identified, 65.5 per cent did not have a contract and of these 263 were non-EU migrant workers without a residence permit. The Committee notes that, in total, the labour inspectorate identified 478 migrant workers as victims of exploitation, of whom 350 were in the agriculture sector, and 157 migrant workers without residence permits were equally victims of exploitation (130 in agriculture). Finally, the Committee notes that, in its concluding observations of 2017, the United Nations Human Rights Committee expressed concern at the absence of clear and effective procedures allowing migrant workers to complain about abusive working conditions, including in relation to outstanding pay (CCPR/C/ITA/CO/6, 1 May 2017, paragraph 28(d)). In light of all the above, the Committee requests the Government : (i) to indicate how it is ensured in practice that all migrant workers in irregular situations have access to complete information about their labour rights and the means of redress available, with appropriate safeguards for confidentiality, including the possibility of obtaining a “special residence permit”, in a language understandable to them, as well as to legal assistance, also in detention centres, including any measures adopted in this respect in collaboration with the social partners; (ii) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (iii) to provide information on the number of complaints lodged by migrant workers alleging “particularly exploitative working conditions” (such as for example non-payment or under-payment of wages, social security and other benefits) brought to the attention of the labour inspectors and the results thereof (violations found, penalties imposed, repayment amounts ordered); and (iv) to provide information on the number of special permits granted under section 22(12)(6) of the Consolidated Immigration Law.

The Committee is raising other matters in a request addressed directly to the Government.

Part I. Migration in abusive conditions. Articles 2–6 of the Convention. Manpower trafficking. In its previous comments, the Committee asked the Government to continue to provide information on the measures taken to detect and suppress human trafficking and to prosecute those responsible for human trafficking from whatever the country from which they operate. It also asked the Government for information on the impact of the measures taken to address irregular migration flows as well as on the prosecution and punishment of those responsible for organizing irregular migration. The Committee notes the Government’s reference in its report to the National Action Plan against human trafficking and serious exploitation, which was adopted in 2016 and sets out strategies to prevent and address trafficking as well as to sensitize on these issues and reach out to the victims, envisaging, among others, measures to ensure that victims have information about the services for free legal assistance and psychological support that are available to them. The Committee also notes the Government’s indication that in the same year a coordinating committee was established, bringing together various ministries and national and local institutions, with a view to overseeing the implementation of the Plan. The Committee also notes the other measures to which it has referred in its observation. Finally, it further refers the Government to its comments under the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to continue to supply information on the measures taken to combat manpower trafficking and to prosecute those responsible for it. It also encourages the Government to undertake periodic assessments of the actions taken and to provide information on the results obtained.

Articles 8 and 9. Expulsion. In its previous comments, the Committee requested the Government to indicate the number of workers who have contested an expulsion order which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case, and to provide information on any refusal and the reasons for such refusal. The Committee notes the information provided by the Government concerning the number of expulsions executed and those suspended, disaggregated by nationality. The Committee recalls that, in the past, the Government explained that appeals to the ordinary courts against decisions ordering expulsions do not suspend the effectiveness of the decision, but that the applicant is still entitled, simultaneously with the appeal to the court, to request provisional suspension of the execution of the decision. In such a case, the court is required to assess the matter and grant a suspension of the order when there are well-founded reasons for considering that its execution may cause serious and unjust harm to the applicant. The Committee asks again the Government to provide information on the number of cases where the suspension of the expulsion order has been refused and the reasons for such refusal. Please also continue to provide information on the number of workers who have contested an expulsion order, which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case.

Article 9(4). Regularization. In its previous comments, the Committee requested the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under section 5 of Legislative Decree No. 109/2012, which provided the possibility for employers who had illegally employed for at least three months, third-country nationals staying in Italy from at least 31 December 2011, to declare the employment relationship to the one-stop-shop for immigration (so called “voluntary disclosure”). The Committee also requested the Government to indicate if similar procedures of regularization have been adopted or are envisaged in the near future. The Committee notes the Government’s indication that, following the regularization procedure provided for by Legislative Decree No. 109/2012, 134,775 workers were regularized, of which 35,877 were women. The Committee notes that, in the case of both men and women, the vast majority of the workers regularized were engaged in domestic work, followed, for men, by the agriculture and construction sectors, and for women, by trade and hotel and restaurant sectors. The Government also informs that no other similar procedures of regularization are envisaged at the moment. However, the Committee notes that in May 2020, the Government announced the regularization of the status of migrant farm workers - a measure responding to the COVID-19 pandemic, to prevent the spread of the virus in the settlements where many migrant workers live but also the labour shortage. According to article 110-bis of the Legislative Decree No.34 (published on 19 May 2020) dubbed ‘The Relaunch Decree: migrants who have previously worked in the agriculture, fishing, care and domestic work sectors can ask to regularize their status through two different procedures: (1) in the first track, third-country nationals who have been in Italian territory without a valid residence permit since October 2019 can apply for a six-month residence permit to look for a job; and (2) in the second track, employers will be able to apply to regularize their foreign and Italian workers without a regular contract by putting in place proper employment contracts. The Committee asks the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under this new Legislative Decree.

Part II. Equality of Opportunity and Treatment. Articles 10 and 12. National policy on equality of opportunity and treatment of migrant workers. In its previous observation, the Committee asked the Government to continue to provide information on developments with respect to the national policy on equality of opportunity and treatment of migrant workers, including cooperation with employers’ and workers’ organizations. The Committee also requested the Government to indicate the impact of the action taken to implement the national policy including the multi-annual programme 2007–13, and any obstacles encountered. It further asked the Government to provide specific information on the measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest. The Committee notes the information provided by the Government on various initiatives aimed at the integration of migrant workers which were conducted by the territorial authorities and encompass: the organization of education services in a multicultural context; access to public services and initiatives to labour integration. In this regard, the Committee notes in particular the information provided by the Government concerning the programmes INSIDE and PERCORSI which are intended to promote the insertion of foreigner workers and foreign youth in the labour market through targeted professional training and partnerships with main actors in the labour market. The Committee also notes the Government’s indication that in 2019 the programme “PUOI”, was launched to follow-up on the achievements and activities of the programme INSIDE, envisaging 4,500 actions for labour and social integration targeting vulnerable segments of the regular migrants’ population. The Committee however notes that the Government does not provide information on the specific measures adopted to address the remuneration gap between national and migrant workers.

The Committee notes from the half-yearly note on “The foreigners’ labour market in Italy”, published in January 2020 and available on the website of the Ministry of Labour and Social Policies, that, from the second quarter of 2018 to the second quarter of 2019, there was: (1) an increase in the number of non-EU foreigners in employment, especially in real estate, business and other services, as well as transport and warehousing; (2) a boom in EU nationals employed in Financial and Insurance Activities and in Transport and Warehousing; (3) a dramatic decrease of foreign workers in Information and Communication Services; and (4) a notable decrease of non-EU workers in agriculture, hunting and fishing and education, healthcare and other social services and a decrease in EU workers in commerce and in the construction industry. The Committee also notes from the IX Report on “The foreigners’ labour market in Italy” of 2019 that “While on the one hand Italy is among the few OECD countries where immigrants have a higher employment rate than native-born Italians, on the other, job quality is often quite low. A higher rate of poverty among immigrants is a problem in most OECD countries, and even more so in Italy” (p. 42). The Committee requests the Government to continue to provide information on the implementation of the national policy on equality of opportunity and treatment of migrant workers, including in particular information on its impact on ensuring equality of opportunity and treatment for migrant workers in respect of access to employment and occupation, conditions of work, notably hours of work, rest periods, annual holidays with pay, occupational safety and health measures, equal remuneration for work of equal value, and social security and membership of trade unions, and any obstacles encountered. The Committee also reiterates is request for information on the specific measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest.

National Office against Racial Discrimination (UNAR). In its previous comments, the Committee requested the Government: (1) to take the necessary measures to ensure that the National Office against Racial Discrimination (UNAR) has full economic and human resources to be able to carry out its activities adequately; (2) to continue to provide information on the measures adopted by UNAR with respect to the prevention of discrimination against migrant workers, the promotion of equality of opportunity and treatment and awareness-raising campaigns and their concrete impact; (3) to provide information on the results of the complaints submitted by migrant workers to UNAR; (4) to provide information on the outcome of the national survey on discrimination by ethnicity, sexual orientation, gender and immigration; and (5) to take the necessary measures to increase migrant workers’ awareness of job opportunities available through the employment centre, given that, according to the Annual Report on Migrants in the Italian Labour Market by the Ministry of Labour and Social Policies, the unemployment rate of migrant workers has increased exponentially during the last years due to the economic crisis. The Committee notes the Government’s indication that UNAR receives approximately €2,035,357.00 yearly to carry out its activities. Concerning UNAR’s work to prevent discrimination and promote equality of opportunity and treatment for migrant workers, the Government informs that, according to UNAR’s findings, the majority of cases of discrimination on the basis of race and ethnic origin at work concerned access to public employment. As regards private employment, the cases brought to UNAR’s attention referred to discriminatory working conditions of migrant workers who, according to the complaints received, are often given the heaviest tasks and are subjected to the least convenient working times. Finally, some migrant workers complained about harassment by colleagues and supervisors, and discriminatory dismissals. The Committee notes that, when it receives information about these cases of discrimination, UNAR, with the consent of the worker concerned, often mediate directly with the employer to address the case or seek the cooperation of the trade unions. The Committee also notes from the latest report by UNAR, available on its website, that in 2018, of the 2,864 cases of discrimination on the basis of race and ethnic origin examined (representing 70.4 per cent of the total), 658 were motivated by the fact that the victim was perceived as a “foreigner”. It also notes that 10 per cent of the cases brought to the attention of UNAR concerned discrimination based on religious grounds. Only a minority of all these cases concerned the workplace. The Committee requests the Government to continue to provide information on the activities conducted by UNAR with view to promoting equality of opportunity and treatment for migrant workers and on the number of cases of discrimination brought to its attention by migrant workers and their outcome. Please also inform on any developments concerning the undertaking of a national survey on discrimination by ethnicity, sexual orientation, gender and immigration, which was mentioned in the past. The Committee further reiterates its request for information on any measures adopted to increase migrant workers’ awareness of the job opportunities available through the employment centre.

Social security. Survivor’s benefits. The Committee notes from the website of the National Institute for Social Security (INPS) that, in the event that a migrant worker who has returned to his/her country of origin dies after the age of 66, survivors’ benefits are recognized in accordance with the same conditions applying to nationals. The Committee asks the Government to indicate the regime applying to the case of death of a migrant worker, who has returned to his or her country of origin, before his/her retirement age and to provide information on any bilateral or multilateral agreement adopted to ensure equal treatment in respect of survivor’s benefits for regular migrant workers.

Integration agreements. In its previous comments, the Committee referred to Decree No. 179 of 14 September 2011 regulating the “integration agreements”, which are concluded between third country nationals entering the territory for the first time and the State. Pursuant to these agreements, the State undertakes to support the integration of foreign nationals offering free language and civic training and information sessions to foreigners who, in turn, undertake to respect all duties set out in the Charter of Values of Citizenship and Integration of 2007 and to obtain a certain amount of credits over a period of two years. The agreement can be obtained through One-Stop-Shops at the Prefecture of Police Headquarters. In this regard, the Committee requested the Government : (1) to indicate how it is ensured that the one-stop-shops have the necessary physical, human and financial resources to carry out their duties concerning the implementation of the integration agreements and to indicate any obstacles encountered; (2) to provide statistical information on the number of integration agreements concluded, the number of cases of non-compliance of the agreements and the consequent cancellations of residence permits and the reasons put forward for such cancellations; and (3) to provide information on any administrative and judicial actions filed concerning the implementation of the integration agreements. The Committee notes the information provided by the Government on the number of integration agreements concluded as of 27 March 2017. It notes that two agreements were suspended; 15 reported as not complied with; 7,377 as only partially complied with; and 4,674 as fully complied. The Committee asks the Government: (i) to continue to provide information on the number of integration agreements concluded and the number of cases of non-compliance of the agreements and to supply information on the consequent cancellations of residence permits and the reasons put forward for such cancellations; (ii) to provide once again information on any administrative and judicial actions filed concerning the implementation of the integration agreements; and (iii) to indicate any obstacle encountered by the one-stop-shops in carrying out their duties concerning the implementation of the integration agreements.

Comments adopted by the CEACR: Italy

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Comments adopted by the CEACR: Italy

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C111 - CMNT_TITLE

C143 - CMNT_TITLE

C143 - CMNT_TITLE