Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Italy (Ratification: 1981)

Other comments on C138

Observation

2023

Direct Request

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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 27 June 2012.

Articles 2(2), (3) and 6 of the Convention. Raising the initially specified age for admission to work, age of completion of compulsory schooling and vocational training. The Committee had previously noted that section 1, paragraph 622, of Act No. 296 of 2006 raised the period of compulsory schooling to ten years as of the 2007–08 school year, thereby raising the minimum age for employment from 15 years to 16 years. It had also noted the Government’s indication that Parliament was 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 regulation can also be fulfilled through apprenticeship courses.

The Committee notes the comments made by the CGIL with regard to the age of apprenticeship and vocational training and the minimum age for employment. The CGIL, referring to the provisions under Decree No. 167 of 14 September 2011 (Consolidated Apprenticeship Act, consolidating the provisions of Bill 1167-b and its subsequently approved Act 183/2010) which regulates apprenticeship from the age of 15 years leading to a vocational qualification or diploma, points out that it is contrary to the minimum age of 16 years stipulated under section 1, paragraph 622 of Act No. 296 of 2006.

The Committee notes the detailed information provided by the Government on the reforms of the higher secondary education system and the vocational training system. Accordingly, all children in Italy must complete at least ten years of compulsory education by the age of 16 years, and with regard to the right and duty of education and training, they are required to continue their studies to obtain a vocational diploma or qualification by the time they have reached 18 years of age. It also notes the Government’s statement that the raising of the compulsory education to 16 years was intended to integrate and supplement the exercise of the right and duty of education and training until obtaining a high school certificate or a qualification in vocational courses. The Government report further states that Act No. 296 of 2006 is supplemented by the Legislative Decree No. 167 of 2011 which would enable youngsters from the age of 15 years of age to fulfil the obligation of ten years of schooling by doing apprenticeship courses. The Committee further notes the Government’s information that this reform was aimed at combating school drop-outs and youth unemployment. The Committee finally notes that as per the monitoring report on educational actions taken in the framework of the right and duty of education and training prepared by the Institute for the Development of Vocational Training of Workers (ISFOL), for the years 2009–10 and 2010–11, the number of students enrolled in three-year vocational and training courses leading to a vocational qualification numbered 170,000 or 7.9 per cent of the total population aged 14–17 years.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee notes from the Government’s report that as per the monitoring activities carried out by the local labour departments, in 2009 a total of 1,445 child workers were found working illegally, out of which 218 were non-EU children. In 2010, there were 2,106 children working illegally, while in 2011, 1,367 such children were found. The Committee also notes the Government’s information that in 2010, the Directorate General of Inspection Activities prepared an inspection plan aimed at combating the illegal employment of children with a special focus on the employment of children in sectors most at risk. 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.