Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Italy (Ratification: 1981)

Other comments on C143

Observation

Direct Request

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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.