Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its report and, in particular, the replies to its previous comments concerning Article 2(1), and Articles 5 and 6(5), of the Convention.

Article 3 (read in conjunction with Article 11). Health protection measures. Legislative Decree No. 151 of 2001 issuing the consolidated text on maternity and paternity protection provides for a series of measures designed to protect the health of women workers during pregnancy and following childbirth. In its report, the Government confirms that the social partners are consulted with regard to any update to the list of dangerous jobs and professions and that employers are responsible for carrying out a risk assessment within the enterprise and informing workers and their representatives of the results of that assessment and the health protection measures taken. It also points out the adoption of Legislative Decree No. 81 of 9 April 2008 amending Legislative Decree No. 626/94 on occupational safety and health, which also contains provisions on the methods of assessing occupational health risks.

The Committee notes that, in its observations on the application of the Convention, the Italian Labour Union (UIL) considers that the existing measures are not sufficient to ensure full protection of the health and safety of women workers in the event of pregnancy and maternity and hopes that, eight years after the ratification of the Convention, the social partners will be convened to assess the situation and discuss possible improvements. Given that the Convention provides that health protection measures related to maternity shall be adopted after consulting the social partners, the Committee requests the Government to discuss the organization of consultations on this matter with the social partners in order to assess the implementation of existing measures and, if necessary, to consider how these measures could be improved.

Article 8, paragraph 1. Dismissal relating to pregnancy or maternity. Section 54 of Legislative Decree No. 151 prohibits the dismissal of women workers during pregnancy and until the child reaches the age of one year. However, under section 62 of the above Legislative Decree, this provision was not applicable to women domestic workers. In its report, the Government indicates that section 62 of Legislative Decree No. 151 does indeed provide for the application of section 54 to women domestic workers. It also refers to the existence of a new collective agreement of 2007, which is applicable to women domestic workers and which prohibits the dismissal of a woman worker without just cause during pregnancy and up to the end of her maternity leave. The Committee requests the Government to provide a copy of the amended text of section 62 of Legislative Decree No. 151. It draws the Government’s attention to the fact that the protection against dismissal provided for under section 24 of the above collective agreement does not extend to a period following the woman’s return to work. Finally, the Committee notes that section 1 of the collective agreement provides that women domestic workers who are not covered under that agreement shall remain subject to Agreement No. 68 of 24 November 1969, ratified under Act No. 304 of 18 May 1973, and requests the Government to indicate the number of women domestic workers not covered under the above collective agreement and to provide a copy of Agreement No. 68 mentioned above.

Furthermore, the Committee notes the information provided by the UIL, mentioning the adoption, on 17 October 2007, of an Act designed to put an end to the practice of making newly recruited women workers sign undated resignation letters which their employers can use at any time. The Committee understands, however, that this text has since been repealed by Act No. 133 of 6 August 2008, and would be grateful if the Government would specify the reasons for the repeal of the Act of 2007 and the measures that exist to ensure that this practice no longer takes place.

Article 9. Discrimination on the basis of maternity. The Committee notes the information provided by the Government concerning the provisions prohibiting discrimination on the basis of maternity, as well as the adoption of Legislative Decree No. 198 of 11 April 2006 issuing the Code on equal opportunities for men and women. Section 41 of this Code provides for a fine of €103 to €516 in the event of the violation of the provisions concerning equal access to employment or equal remuneration. The Government indicates that, according to the General Inspection Directorate of the Ministry of Employment, 181 administrative violations have been reported and 271 other cases have been brought before the courts. The Committee requests the Government to request the General Inspection Directorate to carry out a thorough analysis of these cases in order to determine: (i) whether the fines provided for are sufficiently dissuasive for employers committing these violations; (ii) whether the nature of the violations requires the introduction of other types of redress for victims of discrimination relating to maternity; and (iii) whether the violations reported included cases relating to the requirement of a pregnancy test or a certificate of such a test at the time of recruitment.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the first report provided by the Government on the application of the Convention and would be grateful if it would provide the necessary additional information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes the introduction by Act No. 30 of 14 February 2003 and Legislative Decree No. 276 of 10 September 2003 of new forms of work grouped under the term "para-subordinate work", governed by a specific legal system, including with regard to maternity protection. While noting the recent extension to these categories of women workers of certain maternity protection measures, the Committee would be grateful if the Government would provide additional information in its next report concerning the various types of employment relationship encompassed in practice by para-subordinate forms of work, and if it would specify the rights corresponding to each of these forms of work in relation to maternity protection.

Furthermore, the Committee notes the statistical information provided by the Government concerning the employment of women in Italy indicating, among other characteristics, the total number of women employed (dependent work and self-employment). It would be grateful if the Government would continue to provide such information in future, in addition to statistical data on the number of women engaged in each of the atypical forms of dependent work.

Article 3. The Committee notes the provisions of Legislative Decree No. 151 of 2001 issuing the unified text respecting maternity and paternity protection intended to protect the health of women workers. It would be grateful to be provided with additional information on, firstly, the procedures for the assessment of health risks and the manner in which the findings of such assessments are brought to the knowledge of the women workers concerned and, secondly, the consultations held with the representative organizations of employers and workers for the purposes of determining and/or revising Schedule B to this text determining the list of substances and working conditions involving a risk to health and accordingly prohibited for pregnant women and those who have recently given birth.

Article 5. The Committee notes that, under the terms of section 17(2) of Legislative Decree No. 151, upon presentation of a medical certificate issued for that purpose, the inspection services of the Ministry of Labour are empowered to order, during the course of pregnancy, the prohibition to admit a woman to work in the event of serious complications of the pregnancy where there are working conditions prejudicial to the health of the woman and her child or where a woman worker performing work considered to be hazardous cannot be transferred to another job. It also understands that, when risks to the safety and health of a woman worker persist following childbirth, it appears that the Provincial Labour Directorate can extend the maternity leave up to a maximum of seven months following confinement, at the request of the employer. The Committee asks the Government to specify the legal text which provides for this additional leave, following the period of maternity leave, in the event of a risk to the health of the mother and her child. It recalls that, under this provision of the Convention, additional leave after the maternity leave period has to be granted solely on production of a medical certificate attesting to illness, complications or a risk of complications arising out of pregnancy or childbirth.

Article 6, paragraph 5. In view of the multiplicity of schemes and requirements to qualify for cash maternity benefit, the Committee would be grateful if the Government would indicate whether the qualifying conditions are in practice satisfied by a large majority of the women to whom the Convention applies. Please provide statistical data on the number of women employed in each category, including atypical forms of dependent work, and the proportion of women receiving benefits in cash in each of these categories during the reference period.

Article 8, paragraph 1. The Committee notes the provisions of Legislative Decree No. 151 respecting the prohibition to terminate the employment of women workers during pregnancy and until the child reaches the age of one year. It also notes that this prohibition is not applicable to women domestic workers, for whom a collective agreement of 2001 nevertheless establishes such a prohibition on termination of employment from the beginning of their pregnancy until the completion of the compulsory post-natal leave, except on valid grounds. The Committee would be grateful if the Government would indicate whether the above collective agreement is applicable erga omnes, that is to all men and women domestic workers. It also draws the Government’s attention to the fact that the Convention provides that, in addition to the period of pregnancy and of maternity leave, the prohibition to terminate employment also covers a period of leave following the return to work of the woman that is to be prescribed by national laws or regulations. The Committee therefore hopes that the necessary measures will be taken in the near future to extend the protected period in relation to women domestic workers in accordance with the Convention.

Article 9, paragraph 1. The Committee notes that Legislative Decree No. 151 of 2001 provides for equality of opportunity between men and women in relation to employment and specifies that pregnancy may not constitute a source of discrimination in relation to access to employment. The Committee would be grateful if the Government would provide information concerning compliance with these provisions in practice and if it would indicate the number of cases of complaints based on discrimination arising out of maternity, with an indication of the compensation and penalties imposed in cases of failure to comply with this principle.

Article 9, paragraph 2. The Committee notes that, under section 3(1) of Legislative Decree No. 151, discrimination on grounds of sex in relation to access to employment is prohibited, particularly where it occurs in relation to references to the state of pregnancy. As the Convention requires the existence of a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, except for certain specified types of work, the Committee would be grateful if the Government would indicate the measures adopted or envisaged to introduce an explicit prohibition of pregnancy tests for recruitment.

Part V of the report form. The Committee would be grateful if the Government would in future provide information in its reports on the manner in which effect is given to the Convention in the country, particularly in the form of statistical data on the number of contraventions reported and the penalties imposed in the event of violations of the applicable rules respecting maternity protection.