Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 6, paragraphs 1(a) and 2, of the Convention. Detrimental impact of the monitoring and sanctioning of illegal and unauthorized work on the discharge of the primary duty of the monitoring of conditions of work. With reference to its observation relating to the Labour Inspection Convention, 1947 (No. 81), the Committee recalls from its previous comments under this Convention that the extent of illegal employment in various forms in agriculture has led the Government to focus inspection operations, conducted jointly with other official bodies pursuing different objectives from that of the protection of workers while engaged in their work, mainly on the detection of undertakings guilty of contraventions and on prevention in this area.

The Committee notes from the Government’s report that the employment relationship in the agricultural sector is subject to special provisions under the Civil Code, sectoral collective agreements and numerous legal provisions concerning social security, as well as the practices of the National Social Security Institute (INPS) and the National Occupational Accident Insurance Institute (INAIL). The enforcement of these provisions is chiefly entrusted to the competent departments of the Ministry of Labour which take and coordinate initiatives to combat clandestine and illegal labour along with surveillance of labour and social legislation, including with the assistance of the above social security institutes and their agencies.

The Committee also notes that the Italian Confederation of Small and Medium Private Industry (CONFAPI), in its comments on the Government’s report, is of the view that Italian legislation in this area is largely in line with the Convention.

The Committee notes the four analyses attached by the Government containing data relating to the routine surveillance in agriculture conducted in 2007 by the regional and provincial labour departments throughout the national territory. The Government indicates that, as can be seen from these analyses, in 2007 a total of 14,397 agricultural businesses were inspected, of which 5,978 were in violation; of the 61,992 workers covered by the inspections, 10,048 were found to be illegal, including 1,803 non-EU workers and 187 children.

In view of the results of the controls mentioned by the Government, the Committee observes, as it does under Convention No. 81, that the control of the legality of employment, including the employment of clandestine migrant workers, appears to constitute one of the main targets of these controls. It once again points out that, under the terms of Article 4 of the present Convention, the system of inspection in agriculture must cover all wage workers or apprentices, “however they may be remunerated and whatever the type, form or duration of their contract”. It recalls once again that during the preparatory work for the adoption of Article 4 of the Convention, most of the member States considered that the existence of a wage relationship with the operator should be the determining factor in defining the workers covered by this provision (General Survey of 2006 on labour inspection, paragraph 77). Although the labour inspectorate may often be asked to cooperate with the immigration authorities in view of the growing numbers of migrant workers in many countries, such cooperation should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions (General Survey, op. cit., paragraph 161.) The Committee therefor once again recalls that even though there may be no doubt that measures are necessary to put a stop to the phenomenon of illegal migration, the role assigned to labour inspectors in this regard at the workplace can severely jeopardize the realization of the prime objective of the Convention, namely, to ensure the protection of workers against the imposition of conditions of work which are contrary to the relevant legal provisions. The Committee therefore requests the Government to indicate in its next report the steps taken or envisaged to ensure that labour inspectors working in the agricultural sector refocus their action on the duties defined by the Convention and to limit their collaboration with services responsible for monitoring immigration to an extent which is compatible with the aim of the Convention. It would be grateful if the Government would keep the Office informed of any progress made in this respect and inform it of any obstacles encountered.

Articles 26 and 27. Publication and communication to the ILO of an annual inspection report. In this respect, the Committee once again refers to its comment under Convention No. 81 and requests the Government to ensure that detailed information on each of the subjects covered by Article 27 is published soon in an annual report and that a copy is sent to the ILO within the deadline prescribed by Article 26.