Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the detailed information contained in the Government’s report and attached documents in reply to its previous comments. It notes in particular the explanations concerning the system of establishing minimum wages principally through sectoral collective agreements and subsidiarily by judicial decision pursuant to sections 2099 and 1481 of the Civil Code and article 36 of the Constitution. Further, the Committee notes the criteria set out in the Protocol on the cost of labour signed by the Government and its social partners in July 1993, according to which minimum wages in sectoral agreements must be reviewed in the light of anticipated inflation rate, existing employment and income policies, general economic and labour market trends, the competitive climate and trends specific to the sector.

The Committee notes that according to the “Structure of earnings” statistical survey prepared by the Italian National Institute of Statistics (ISTAT) and annexed to the Government’s report, some 540,000 employees, or 7.1 per cent of the total workforce, are not covered by any collective agreement either at the national, local or enterprise level. The lowest wages are paid in the textile and food industries, construction, transport and communication, and hotels and restaurants. Although the average hourly wage rate for these categories of workers represents 75 per cent of the average wage in the private non-agricultural sector and therefore is not particularly low, the ISTAT’s survey does not cover the informal economy, which is estimated to account for approximately 15 per cent of total employment and which probably pays very low wages. Recalling that the Convention seeks to ensure decent wage levels for those low-paid workers not enjoying the protection of collectively negotiated pay conditions, the Committee requests the Government to provide additional information concerning the minimum wage rates practised in the so-called non-observed economy (NOE), the manner in which those rates are fixed or adjusted and the possible participation of employers’ and workers’ organizations in the minimum wage‑fixing process.

Finally, the Committee wishes to draw the Government’s attention to the conclusion of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.