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

Maternity Protection Convention, 2000 (No. 183) - Italy (Ratification: 2001)

Other comments on C183

Observation

2014

Direct Request

Display in: French - SpanishView all

Observations from trade unions. The Committee notes the observations made by the Italian Union of Labour (UIL) and the Italian Confederation of Workers’ Trade Unions (CISL), which were received on 18 and 23 December 2013, respectively. In particular, the CISL refers to calculation methods and benefit amounts which are unfavourable to semi-dependent (lavoro parasubordinato) workers. This is because, since they do not have continuing contracts, their allowance is calculated on the basis of income over 12 months, rather than last salary, resulting in a lower level of benefits. This undermines the possibility of enjoying full protection against discrimination and employment protection. The Committee requests the Government to send its comments on this matter.

Article 4(4) of the Convention. Compulsory period of postnatal leave. The Government indicates that Legislative Decree No. 119 of 18 July 2011 amended section 16 of the consolidated text concerning the protection of maternity and paternity, paragraph 1bis of which now gives a woman worker the possibility of returning to work in the case of specific events and under specific conditions, thus forgoing, wholly or partially, the postnatal portion of her maternity leave. The Committee asks the Government to indicate how it intends to harmonize this provision with Article 4(4) of the Convention, which provides that “maternity leave shall include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the Government and the representative organizations of employers and workers”.

Article 8(1). Protection against dismissal. Domestic workers. The Committee notes the Government’s reference to Decision No. 6199 of 1998 of the Court of Cassation, which limits the period of protection against dismissal for domestic workers solely to maternity leave (two months before and three months after childbirth), considering that the provisions of section 54 of the consolidated text (protection against dismissal until the child is one year old) were too burdensome for employers. The Committee observes that this decision dates from 1998, namely before Italy’s ratification of the present Convention in 2001. It also notes that article 10(1) of the Constitution provides that laws must be in conformity with international treaties. Hence the Committee considers that, under the Italian legal system, it is the provisions of Article 8(1) that must apply. The Committee therefore requests the Government to bring all the relevant provisions – in particular section 62 of Decree No. 151 of March 2001 and section 24 of the collective agreement – into conformity with the Convention on this point.