Equal Remuneration Convention, 1951 (No. 100) - Italy (RATIFICATION: 1956)

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The Committee notes the observations of the General Confederation of Industry (CONFINDUSTRIA) communicated to the Office on 4 November 2019.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee requested the Government to take proactive measures to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value and to provide information on the impact of these measures on the reduction of the gender pay gap. The Committee also asked the Government to provide the following information: (1) information on the impact of the implementation of the Code of Equal Opportunities (Legislative Decree No. 198 of 2006) and the activities carried out by the National Equality Counsellor on the application of the principle of the Convention; (2) statistics disaggregated by sex on the distribution of men and women in the different sectors and occupations and their corresponding earnings, including in higher level occupations, in the public and private sectors; and (3) information on any measures adopted with the aim of collecting and processing statistical data on gender wage differentials, pursuant to section 46 of the Code. The Committee notes that, in its report, the Government indicates that on average women earn EUR 25,000 a year, while men earn EUR 44,000. The Government also indicates that, according to EUROSTAT data, the gender pay gap in the country is 5.3 per cent, compared to the European average of 16.3 per cent, and explains that this figure is due to the fact that the gender pay gap is particularly low in the public sector and thus compensates for any greater gaps found in the private sector. The Committee also notes the Government’s indication that the gender pay gap is greater in the case of part-time work (8.4 per cent) and that in 2018, 32.4 per cent of employed women had a part-time job, compared with 8.5 per cent of men. The Government further indicates that, while the gender pay gap is observed in all sectors of the economy, higher values are found in financial and insurance activities, as well as in real estate activities. Lower values are observed in education, where public providers prevail. The Committee further notes the information provided by the Government that women are concentrated in economic activities that offer lower levels of remuneration, irrespective of the worker’s sex, but which provide more opportunities to reconcile professional obligations with family responsibilities, such as the education sector, care work and the textile industry. The Committee further notes the Government’s indication that more recent statistical information disaggregated by sex regarding the distribution of men and women in different sectors and occupations and their corresponding earnings are being elaborated by the National Institute of Statistics (INSTAT) and will be communicated once available. The Government adds that, following the introduction of mandatory quotas for women on the boards of public companies, women represent 33.5 per cent of board members according to the latest data from the Italian Companies and Stock Exchange Commission (Consob).

Concerning the proactive measures taken to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value, the Committee notes the information provided by the Government on several activities undertaken in this respect by the Department of Equal Opportunities under the Presidency of the Council of Ministers, the Ministry of Labour and Social Policies, the Committee for Equal Opportunities, the National Equality Counsellor and the network of local equality counsellors, including: the G7 Roadmap for a Gender-Responsive Economic Environment, promoted by the Government during the Italian presidency of the G7; the programme “smart working” to promote life and work balance in the public administration; the pilot project “Experimenting Flexible Labour Tools for Enterprises by Engaging Men and Women” which, according to the assessment made, resulted in higher productivity, greater worker satisfaction and better life–work reconciliation; the promotion of women’s access to managerial positions, through the monitoring of women’s participation in company management and control bodies ad a result of the collaboration between the Central Bank, the Department of Equal Opportunities and the Consob; various measures to promote girls’ access to education in scientific and technical subject matters, encompassing, for example, summer camps in science, technology, engineering and mathematics (STEM) subjects for children attending primary and secondary school; and the creation in November 2019 of the Permanent Forum on Gender Equality by the National Council for Economy and Labour (CNEL) designed to identify concrete actions against gender inequalities, including tackling the gender pay gap, in collaboration with the social partners and public institutions. With regard more particularly to the role played by the Equality Counsellor in connection with the implementation of section 46 of the Code of Equal Opportunities, the Committee notes the Government’s indication that, in order to ensure the collection of data on gender wage differentials throughout the territory in a uniform manner, procedures have been simplified and a single IT platform has been created, and that this new method of data collection started in 2019 and a report will be made available in 2021. The Committee also notes CONFINDUSTRIA’s observation that often one root cause of the gender pay gap resides in women’s difficulty of participating in the labour market with the same “intensity” as men due to their care role. CONFINDUSTRIA observes that measures aimed at reconciling work and family responsibilities allow a greater involvement of women in the labour market, with positive repercussions on their economic conditions, including their pension entitlements. In this regard, the Committee notes that women bear an unequal burden of family responsibilities and that a more equitable sharing of family responsibilities between men and women should be encouraged. In this respect, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee welcomes the range of measures adopted by the Government to reduce the gender pay gap and asks it to supply, once available, updated statistical information, disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings, in the public and private sectors, as well as the information on gender wage differentials collected by the Equality Counsellor under section 46 of the Code of Equal Opportunities. The Committee also asks the Government to continue providing information on the measures taken to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value, including any measures adopted in collaboration with social partners and any action promoted by the Forum on Gender Equality, and their impact on reducing the gender pay gap.

Occupational gender segregation. In its previous comments, the Committee asked the Government to provide information on the impact on reducing the gender pay gap of the implementation of the Inter-ministerial Decree of 13 October 2015, which establishes incentives for the recruitment of men and women in the sectors and occupations where they are under-represented, and the measures directed at promoting gender equality adopted by the National Equality Counsellor and the Department of Equal Opportunities of the Prime Minister’s Office. The Committee notes the Government’s indication that, under the above Inter-ministerial Decree, the Government invested EUR 23.5 million, EUR 52.8 million and EUR 94.6 million, respectively, in 2016, 2017 and 2018 in incentives for the recruitment of women in the sectors and occupations where they were under-represented. These incentives concerned the following sectors: agriculture, construction, mining, electricity supply, water supply and waste management, wholesale, transportation and storage, and public administration services. While noting the information provided by the Government, the Committee asks it to report on the results achieved in addressing occupational gender segregation and reducing the gender pay gap since the adoption of the incentives established by the Inter-ministerial Decree of 13 October 2015, including information on the measures adopted to promote the recruitment of men in sectors and occupations where they are under-represented.

Public administration. In its previous comments, the Committee asked the Government to indicate the specific measures adopted to ensure the application of the principle of the Convention in the public administration and to report on their impact on reducing the gender pay gap. The Committee notes that the Government refers to the adoption of Directive No. 2/2019 by the Ministry of Public Administration and the Department of Equal Opportunity, which contains measures to promote equal opportunities for men and women and encompasses specific measures aimed at identifying and addressing any wage differentials based on gender. The Committee also notes the Plan for Positive Actions for the years 2016–18 of the Ministry of Labour and Social Policies that was annexed to the Government’s report. The Plan envisaged measures directed at: raising awareness among staff of the public administration, particularly managers, on gender equality; facilitating the reconciliation of family and work responsibilities; and promoting the return to work of workers after a time of absence due to maternity or paternity leave, or leave to take care of family members. The Committee asks the Government to provide information on the final evaluation of the Plan for Positive Actions, its impact on reducing the gender pay gap in the public administration and any lessons learnt for future action. The Committee also asks the Government to provide information on the implementation of Directive No. 2/2019, and particularly on any periodic monitoring and assessment made to identify its impact on the application of the principle of the Convention.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the implementation of section 28(2) of the Code of Equal Opportunities, under which “systems of job classification determining remuneration shall adopt common criteria for men and women and be developed with a view to eliminating discrimination”. It also asked the Government to provide information on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors. The Committee notes the information provided by the Government on the manner in which levels of remuneration are generally established respecting a “minimum” set out in collective agreements irrespective of gender. The Committee also notes the Government’s reference to a number of decisions of the Constitutional Court clarifying, among other matters, that ordinary judges are called upon to oversee the classification of workers in the various job categories and remuneration scales so as to ensure that such classification corresponds in practice to the work actually performed by the worker and to demand any corrective measure in accordance with the principle of equal treatment in respect of remuneration. The Committee further notes the observations by CONFINDUSTRIA that collective bargaining has historically played an important role in guaranteeing gender equality. Recalling that women may be predominately employed in certain specific sectors and occupations, the Committee asks the Government to indicate how it is ensured that the systems of job classification currently used to guide the determination of remuneration levels are free from gender bias and guarantee in practice the application of the principle of equal remuneration for men and women for work of equal value. The Committee also once again asks the Government to provide information on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors.

Enforcement. In its previous comments, the Committee asked the Government to: (1) enhance the capacity of labour inspectors and other competent authorities to identify and address cases of violation of the principle of equal remuneration for men and women for work of equal value and to provide information in this respect, including on the remedies provided and the sanctions imposed; (2) provide information on the impact of the application of anti-discrimination legislation (such as Legislative Decree No. 5/2010 and Act No. 183/2010) on reducing pay differentials between men and women; and (3) provide specific information on the activities of the Single Committee to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination (CUG) with respect to the implementation of the Convention. The Government indicates in response that the labour inspectorate is still unable to provide information specifically concerning violations of the principle of the Convention, but that the possibility of collecting such information in addition to general information concerning violations of the principle of gender equality will be submitted to the competent authorities for consideration. The Committee also notes that the labour inspectorate operates in cooperation with national and local equality counsellors and can also act on the basis of the information transmitted by them. In this respect, the Committee notes the Government’s indication that workers can bring any issues concerning the application of the principle of the Convention to the attention of the counsellors pursuant to the Code of Equal Opportunities, as amended, among others, by Legislative Decree No. 5/2010. The Committee further notes the cases of violations of the relevant legislation concerning maternity protection and gender equality detected by the labour inspectorate (641 cases in 2017 and 632 in 2018), as well as the information on the various awareness-raising activities on themes related to gender equality organized by the labour inspectorate. The Government add that the CUG is responsible for reporting annually on the implementation of the Plan for Positive Actions in the public administration and refers to its above comments on this subject. The Committee recognizes the particular difficulties faced by labour inspectors in identifying cases of wage discrimination and in determining whether equal pay is provided for work of equal value, especially where men and women do not perform the same work. It therefore wishes to stress the importance of training labour inspectors so that they are better able to prevent, detect and remedy such cases. The Committee asks the Government to provide information on any measures taken or envisaged to ensure that the labour inspectorate is in a position to report specifically on cases of violation of the principle of equal remuneration for men and women for work of equal value and the sanctions imposed. It also asks the Government to enhance the capacity of all other competent authorities to identify and address cases of violation of the principle of the Convention and to provide information on any such cases dealt with by national and local counsellors and/or referred by them to the labour inspectorate.

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Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes from the Government’s report that the National Equality Counsellor has produced a small guide on equal pay for men and women with a view to disseminating basic information about gender discrimination in remuneration and providing guidance on the authorities mandated to receive complaints in this regard. The Committee however notes that the guide does not refer to the concept of “work of equal value”; nor does it mention the need for objective job evaluation methods, free from gender bias, that allow the relative value of different jobs to be measured and compared. The Committee recalls that the Government previously indicated that the Charter for Equal Opportunities was being implemented in public administrations and private enterprises. The Committee requests the Government to take proactive measures to raise awareness of and promote the application of the principle of equal remuneration for men and women for work of equal value and to provide information on the impact of these measures on the reduction of the gender pay gap. In the absence of any additional information, as requested, on these points, the Committee once again asks the Government to provide the following:

(i) information on the impact of the implementation of the Charter for Equal Opportunities and of the activities carried out by the National Equality Counsellor on the application of the principle of the Convention;

(ii) statistics disaggregated by sex on the distribution of men and women in the different sectors and occupations and their corresponding earnings, including in higher level occupations, in the public and private sectors; and

(iii) information on any measures adopted with the aim of collecting and processing statistical data on gender wage differentials, pursuant to section 46 of Act No. 183/2010.

Occupational gender segregation. The Committee notes the information provided by the Government concerning the Inter-ministerial Decree of 13 October 2015 establishing incentives for the recruitment of men and women in the sectors and occupations where they are under-represented. The Committee notes from the statistical information annexed to the Decree that women continue to be under-represented in jobs and occupations traditionally dominated by men, such as engineers, architects, specialists in mathematical, physical, chemical and information sciences, administrators of companies and entrepreneurs, among others. The Committee further notes the concerns expressed in 2017 by the United Nations Committee on the Elimination of Discrimination against Women about the concentration of women in traditionally female-dominated fields of study and career paths, the continuing horizontal and vertical occupational segregation and the concentration of women in part-time and low-paid jobs (CEDAW/C/ITA/CO/7, 24 July 2017, paragraphs 35 and 37). The Committee notes that a Memorandum of Understanding was signed on 10 February 2016 between the National Equality Counsellor and the Department of Equal Opportunities of the Prime Minister’s Office with a view to ensuring coordination between their respective actions to promote gender equality, particularly with regard to access to employment and career advancement, combating gender stereotypes and balancing work and family life. Recalling that some of the underlying causes of pay inequality have been identified in the horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions, the Committee asks the Government to provide information on the impact on reducing the gender pay gap of the implementation of the Inter-ministerial Decree of 13 October 2015 and the measures directed at promoting gender equality adopted by the National Equality Counsellor and the Department of Equal Opportunities of the Prime Minister’s Office.

Public administration. The Committee notes the three-year plans for affirmative action adopted by local public administrations, which were submitted along with the Government’s report. It notes in particular that these plans include a number of measures directed at: ensuring equality of opportunity and treatment for men and women in access to and retention of employment; reconciling work obligations and family responsibilities; raising awareness about gender equality at the workplace; and overcoming gender stereotypes. The Committee also notes that none of the plans include specific measures aimed at identifying and tackling differentials in remuneration between men and women. The Committee asks the Government to indicate the specific measures adopted to ensure the application of the principle of the Convention in the public administration and to report on their impact on reducing the gender pay gap.

Article 3. Objective job evaluation. With reference to its previous comments on the requirement for objective job evaluation under the Convention, the Committee once again asks the Government to provide information on the implementation of section 28(2) of Legislative Decree No. 5/2010, under which “systems of job classification determining remuneration shall adopt common criteria for men and women and be developed with a view to eliminating discrimination”. The Committee also reiterates its request to the Government to provide information on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors.

Enforcement. The Committee notes the Government’s indication that the labour inspectorate is not in a position to provide information specifically concerning violations of the principle of the Convention. The Committee asks the Government to enhance the capacity of labour inspectors as well as other competent authorities to identify and address cases of violation of the principle of equal remuneration for men and women for work of equal value and to report on them, including the remedies provided and the sanctions imposed. The Committee reiterates its request to the Government to supply information on the impact on reducing pay differentials between men and women of the application of anti-discrimination legislation, such as Legislative Decree No. 5/2010 and Act No. 183/2010. The Government is also requested to provide specific information on the activities of the “Single Committee to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination” (CUG) with respect to the implementation of the Convention, as this information was not provided with the report.

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Gender pay gap. The Committee notes that according to the statistical information provided in the Government’s report, the gender wage gap, taking into account the net hourly wage, increased during the period 2011–12 by an average of 1.8 per cent. As regards sectors, in particular, it increased by 4.6 per cent in the transport sector, by 15.8 per cent in the construction sector, and by 8 per cent in the technical professions. It decreased by 19 per cent in the manufacture sector, by 0.9 per cent in public administration and 1.3 per cent in education, health and social assistance. The Government highlights that due to the current economic crisis, the net hourly wage of women is 10 per cent higher than that of men in the manufacturing sector. The Committee further notes that the gender wage gap is considerably higher (3.4 per cent) among workers aged 40–49 years. According to a report published in February 2013 by ISTAT, in 2010, workers with higher qualifications received an average salary of €88,942 for men and €61,361 for women, and workers with lower qualifications, received and average salary for men of €20,064 and for women of €13,784. The Committee notes the Government’s indication that due to the current economic and financial crisis, no project has been financed to address specifically the gender pay gap. The Committee notes however, the implementation of the Charter for Equal Opportunities in 546 enterprises and 164 public administrations and the projects carried out by the National Equality Counsellor to improve women’s participation in the labour market. The Committee requests the Government to provide information on the impact of the implementation of the Charter for Equal Opportunities and of all the activities carried out by the National Equality Counsellor on the application of the principle of the Convention and the reduction of the gender pay gap. The Committee requests the Government to continue to provide statistical information disaggregated by sex on the distribution of men and women in the different sectors and occupations and their corresponding earnings, including in higher level occupations, in the public and private sectors so as to allow an evaluation of the progress made over time to reduce the gender pay gap. Please provide information on any legislative measure adopted with a view to collecting and processing statistical data on gender wage differentials, pursuant to section 46 of Act No. 183/2010.

Public administration. The Committee notes the Report prepared by the Department of Equal Opportunities and the Department on Public Administration concerning the measures for equal opportunities and treatment in the public administration for 2011. The Committee notes that despite the action and measures undertaken to promote gender equality, no specific measures appear to have been taken in order to address wage differentials in the public administration. The Committee again requests the Government to take measures to increase action in public administration so as to promote and ensure equal remuneration for men and women for work of equal value and to reduce the gender pay gap and to report on the results achieved.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government refers to the report of activity for 2012 prepared by the National Equality Counsellor according to which a mechanism for the evaluation of the performance of the Administration as well as of its employees is being envisaged and that it will take into account the gender aspect. The Government also refers to the Charter for Equal Opportunities which refers to equality of opportunity in access to employment of men and women. The Committee observes, however, that it does not address objective job evaluation. The Committee recalls that the concept of “equal value” provided for in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. This objective job evaluation is different from the performance appraisal of jobs which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation measures the relative value of jobs with varying content on the basis of the work to be performed. It is concerned with evaluating the job not the individual worker (see General Survey on fundamental Conventions, 2012, paragraphs 695 and 696). Recalling that section 28(2) of Legislative Decree No. 5/2010 provides that “systems of job classification determining remuneration shall adopt common criteria for men and women and be developed with a view to eliminating discrimination”, the Committee again asks the Government to provide information on the implementation of this provision, as well as on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors.

Parts III–V of the report form. Enforcement. The Committee requests the Government to provide information on the practical application and the impact of anti-discrimination legislation, including Legislative Decree No. 5/2010 and Act No. 183/2010 in reducing pay differentials between men and women. In this regard, please provide specific information on the activities of the “Single Committees to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination” (CUG) with respect to the implementation of the Convention. The Committee further requests the Government to provide information on the labour inspection activities concerning the application of the principle of the Convention, including the infringements detected, remedies provides and penalties imposed.

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Legislative developments. The Committee notes that Legislative Decree No. 5 of 25 January 2010 regarding the “Implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)”, which modifies and supplements Legislative Decree No. 198 of 11 April 2006 (Equal Opportunities Code), redefines direct and indirect discrimination and wage discrimination (sections 25 and 28), and provides for new penalties on employers for non-compliance (section 41(2)) and for specific forms of protection, both of a conciliation and judicial character, entrusted to the National Equality Counsellor (section 37). The Committee further notes that Act No. 183 of 4 November 2010, regarding the delegation of powers to government in a number of areas, requires the Government to adopt one or more legislative decrees to reform the legislation on women’s employment, including with respect to the establishment of systems for the collection and processing of data so as to assess gender discrimination, including gender wage differentials (section 46(g)). The Committee asks the Government to provide information on the practical application of Legislative Decree No. 5 of 25 January 2010. With regard to Act No. 183/2010, please also provide specific information on the activities of “Single Committees to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination” (CUG) in public administrations to promote the principle of the Convention, as well as on any legislative decree adopted by the Government pursuant to section 46 of the Act, with a view to collecting and processing statistical data on gender wage differentials. Please also provide information on the impact of the anti-discrimination legislation to reduce pay differentials between men and women, and on any cases dealt with by the National Equality Counsellor.

Gender pay gap. The Committee notes the statistical data provided by the Government including the findings of the surveys carried out by the Institute for the Development of Workers’ Training (ISFOL) on gender pay differentials in 2009–10. The data indicate that the level of the unadjusted gender pay gap registered in 2010 was highest for the public, social and personal services (16.5 per cent), followed by the monetary and financial intermediation sector (14.9 per cent), agriculture, hunting and fishing (14.4 per cent), education, health and social sciences sector (13.3 per cent), services to business (11.1 per cent), energy and mining (10.2 per cent), transformation industry (9.2 per cent) and public administration (8.9 per cent). The gender pay gap was the lowest in the construction industry (-16.1 per cent), hotel and catering industry (0.8 per cent) and trade (4.7 per cent). The Committee further notes that the unexplained component of the gender pay gap was 7.1 per cent in 2009 and 6.8 per cent in 2010. Regarding economic sectors, the unexplained component of the gender pay gap was highest in the transformation industry sector (7.5 per cent), followed by the hotel and catering sector (7.2 per cent), public, social and personal services (7.1 per cent) and trade (7 per cent). With respect to the education level, the most recent ISFOL survey revealed that women with an intermediary certificate were the most disadvantaged (approximately ten per cent in 2010), while the gender pay gap amounted to 5.8 per cent for those with an elementary certificate and 6.7 per cent for workers with a higher degree or university diploma. The Committee asks the Government to continue to provide statistical information indicating the evolution of the gender pay gap in the various economic sectors and occupations, including in higher level occupations, in the public and private sectors.

Practical measures to address the gender pay gap. With respect to measures to reduce the unexplained component of the gender pay gap, the Committee notes that the Government refers to the 2007–13 action programme launched by the Department for Equal Opportunities to guarantee the application of the principle of equal opportunities and of gender mainstreaming in the development, implementation and assessment of all policies. The Government also indicates that as part of the European Social Fund (ESF) funded framework project supporting the implementation of equal opportunities for men and women in the workplace, the Department of Equal Opportunities conducted and presented, in December 2010, a study on the possible role of the ESF in promoting initiatives to combat gender wage differentials in certain regions, in line with the EU Convergence Objective. The study provides recommendations and guidelines for the implementation of policies to reduce gender wage differentials in the regions of Calabria, Campania, Apulia and Sicily, notably through the promotion of actions aimed at overcoming gender stereotypes in vocational choices, and developing family friendly services. The Committee asks the Government to provide information on the measures taken in the context of the 2007–13 action programme to specifically address the gender pay gap, in particular the unexplained component of the gender pay gap, as well as on any follow up action given to the recommendations made in the study of the Department of Equal Opportunities, and the results achieved.

Public administration. With respect to the implementation of affirmative action in public administration pursuant to section 48 of Legislative Decree No. 198/2006, the Committee notes from the Government’s report that, so far, 32 administrations have drawn up a triennial affirmative action plan and 282 affirmative action measures have been reported, of which 72 in 2009 and 160 in 2010, the remaining action relating to earlier years. Half of the affirmative action measures were included in triennial affirmative action plans. The Government also indicates that only 14 per cent of the central administrations have adopted such plans. The Committee also notes that while the proportion of measures relating to work–life balance rose (12 per cent), only 1 per cent of the total of affirmative action taken concerned wage differentials. The Committee asks the Government to indicate the specific reasons behind the low number of interventions addressing wage differentials in the context of affirmative action in public administration. Recalling the important role of the State in implementing the principle of the Convention, including in the public sector, the Committee asks the Government to take additional measures to increase action in public administration so as to promote and ensure equal remuneration for men and women for work of equal value and to reduce the gender pay gap, and to report on the results achieved.

Objective job evaluation. In its previous comment, the Committee noted the ISFOL’s recommendation that further action be taken to address “evaluation processes, methods and contents” so as to reduce the gender pay gap. The Committee notes the Government’s indication that under Act No. 15 of 4 March 2009, instruments for performance assessment, methods to incentivize productivity and quality of work and the implementation of the principle of selectivity and competitiveness in career development were introduced in the public sector. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, revealed by the ISFOL research study, but rather concern economic considerations of efficiency and transparency in public services. The Committee however notes that under section 28(2) of Legislative Decree No. 5/2010 “systems of job classification determining remuneration shall adopt common criteria for men and women and be developed with a view to eliminating discrimination”. The Committee asks the Government to provide information on the implementation of section 28(2) of Legislative Decree No. 5/2010, as well as on any action taken or envisaged to promote, in cooperation with the social partners, the development and use of objective job evaluation methods in both the private and the public sectors.

General appreciation of the application of the Convention. The Committee notes the statistical data annexed to the Government’s report on the annual earnings of men and women in the private sector for 2006 and on the evolution of earning levels in public administrations from 2005 to 2010, which are not disaggregated by sex. It also notes the information contained in the recapitulating table on labour inspection visits carried out and infringements of the legislation on the protection of pregnant women and working mothers, gender equality and discrimination, reported in 2010. The Committee asks the Government to provide the most recent statistical information on the earnings of men and women, by economic sector and occupational groups, in the public and the private sectors. The Committee also asks the Government to provide information on labour inspection activities relevant to assessing the application of the principle of equal remuneration for men and women for work of equal value, including infringements detected and penalties imposed, as well as the relevant case law applying the principle of the Convention.

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Wage discrimination. The Committee notes that research carried out during 2005–08 by Institute for the Development of Workers’ Training (ISFOL) found 10.83 per cent of the wage differences between men and women to be due to discrimination. The level of wage discrimination was highest against women with elementary education (20.96 per cent) and lowest against women with higher secondary-level education (5.45 per cent); it rose to 12.09 per cent for women with university-level education. For management, intellectual and scientific and teaching posts, the level of wage discrimination against women amounted to 7.48 per cent and rose to almost 15 per cent for artisans and specialized workers, as well as for farm workers, machine workers and operators and non-qualified professions. In “typically female jobs”, the level of wage discrimination amounted to 8.70 per cent as compared to 12.69 per cent for “other work”. Further, the level of wage discrimination appears to be lower in the public sector (7.50 per cent) than in the private sector (12.92 per cent). The Committee further notes that the ISFOL research identifies a number of areas where interventions would be necessary with a view to eliminating progressively the wage gap. The Committee encourages the Government to continue to undertake research on the extent and nature of wage discrimination in the various economic sectors and occupations, including higher level posts, in the public and private sectors. The Committee asks the Government to provide information on the measures taken or envisaged to reduce wage discrimination against women, including any follow-up action given to the recommendations made in the ISFOL research, and results achieved. While noting the information in the Government’s report on the initiatives carried out by the Department for Equal Opportunities regarding the assessment of the strategic impact of equal opportunities, the Committee would appreciate receiving specific information on how these and other initiatives are promoting the principle of the Convention and reducing wage differentials between men and women.

Public administration. The Committee notes from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that one of the objectives of the triennial affirmative action plans to be adopted by public administrations under section 48 of Legislative Decree 198/2006 is the entry and promotion of women in sectors and professional grades in which they are under-represented. The Committee asks the Government to provide information on the number of triennial affirmative action plans that have been adopted by public administrations and how the promotion of the principle of equal remuneration for men and women for work of equal value has been reflected in those plans.

Objective job evaluation. The Committee notes that the ISFOL research identified “evaluation processes, methods and contents” as one of the thematic areas in which interventions are necessary in order to reduce the gender wage gap. The Committee asks the Government to indicate the measures taken, in cooperation with workers’ and employers’ organizations, to promote and develop the use of objective job evaluation methods free from gender bias in the public and private sectors.

General appreciation of the application of the Convention. The Committee notes the tables annexed to the Government’s report on annual contractual earnings of 2005–06, which are not disaggregated by sex. It also notes the data on annual per capita earnings by gender of 2002 and the Government’s indication that more recent data will be published (up to 2006). The Committee recalls the importance of providing up-to-date information on the earnings of men and women in the various economic sectors and occupational groups, in the public and private sectors, in order to be able to analyse effectively inequalities in remuneration and progress in addressing such inequalities. It further notes that no statistics are available on the number of violations of the equal remuneration provisions in Legislative Decree 198/2006 detected by the labour inspection services. The Committee asks the Government to continue to supply information indicating a general appreciation of the application of the Convention, including the following:

(i)    up-to-date information on the earnings of men and women in the economic sectors and occupational groups, including higher level posts, in the public and private sectors;

(ii)   relevant case law applying the principle of the Convention as well as information on any findings of the labour inspection services relevant to assessing the application of the principle of equal remuneration for men and women for work of equal value (infringements detected, penalties imposed; court decisions); and

(iii)  any discussions of the principle within the National Committee for Equality between male and female workers or by the commissioners for equality.

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Gender wage gap. The Committee notes from the Government’s report that the Ministry of Labour, in cooperation with the Institute for the Development of Workers' Training (ISFOL), established a research programme on the gender wage gap with a view to identifying the different forms of discrimination existing in the country and the possible guidelines to address them. The Committee also notes that in the context of the European Year against Discrimination 2007, the Ministry of Labour launched a project encompassing positive measures to promote women’s participation in the labour market as well as the elimination of those factors determining wage differentials. The Committee asks the Government to supply information on the results of the research programme on the gender wage gap carried out by the Ministry of Labour in cooperation with the ISFOL and the guidelines finally elaborated, including an indication of any objective job evaluation system which may be provided therein. The Committee also asks the Government to supply information on the outcome of the project launched by the Ministry of Labour with a view to addressing wage differentials between men and women workers. Noting the general information provided by the Government in reply to its previous request, the Committee further asks the Government to supply information on the practical impact of the initiatives carried out by the Department for Equal Opportunities under the programme called VISPO.

Agricultural sector. Recalling its previous comments on the liberalization of the labour market in agriculture pursuant to Act No. 30 of 2003 and Legislative Decree No. 276/2003 and its impact on the implementation of the principle of the Convention in this sector, the Committee notes from the Government’s report that no specific information is available in this regard. The Committee, therefore, hopes that the Government will be in a position to provide in its next report full information on the impact of the relevant legislation on the implementation of the principle of equal remuneration for men and women in agriculture.

Part V of the report form. General appreciation of the application of the Convention. The Committee notes from the Government’s report that the number of women entering the labour market as well as the number of women being recruited is increasing, especially with regard to part-time work. The Committee also notes from the statistics annexed to the report that women represent approximately 50 per cent of the workforce in the service sector, while they represent 30 per cent of the workforce in agriculture, 21.8 per cent in industry, and 5.15 per cent in construction. The Committee asks the Government to supply statistical information on earnings of women and men, disaggregated by sector, education level and occupational category. Please also continue to provide information on relevant case law applying the principle of the Convention as well as information on any findings of the labour inspection services relevant to assessing the application of the principle of equal remuneration for work of equal value.

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1. Legislation. The Committee notes the amendment to article 51 of the Constitution of May 2003, by virtue of which the Republic shall promote equality of opportunity between men and women through appropriate means. The first significant effect of this amendment was the enactment of Act No. 90 of 8 April 2004, promoting the presence of women in European institutions. Economic measures reinforce the application of this Act, which had the effect of increasing by 7 per cent the number of women elected at the European elections in June 2004. Among the affirmative action programmes formulated to give effect to the constitutional reform, the Government refers to the programme “Women, policies and institutions”, and courses have been organized by the Ministry for Equal Opportunities and by universities to encourage women to stand for election. Please continue to provide information on the measures adopted to give effect to the constitutional amendment and their impact in practice.

2. The Committee notes the Government’s report and the extensive information annexed thereto. In relation to the question raised in its previous direct request on the measures adopted to increase the participation of women in the labour market in full-time and higher status positions, the Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122). With regard to differences in remuneration in atypical forms of employment, the Government refers to a study carried out by EBITEMP, a temporary work agency, based on a sample of 863 people, of whom 725 were men and 138 women. According to the study, women earn 14.9 per cent less than men. These results confirm those of the National Statistical Office (ISTAT), which show a difference of 16 per cent, irrespective of the type of employment contract. In the view of the Government, the studies show that the atypical employment sector is not affected by remuneration gaps that differ from those for other types of contract and sectors of the labour market. Please continue to supply information on the employment of women in atypical forms of work.

3. Public administration. The Committee notes that according to the Government, the number of women in executive positions rose from 48,000 in 1993 to 79,000 in 2003, or a rise of 65 per cent. Of the total number of executive positions, women represented 15 per cent in 1993 and 23 per cent in 2003. The number of women judges rose from 27 per cent in 1993 to 38 per cent in 2003. The Committee asks the Government to continue providing information on trends in the employment of women in the public sector.

4. Wage gap. The Committee notes that, according to the Società Italia Lavoro, an agency of the Ministry of Labour and Social Policy, the wage gap between men and women has decreased over the past ten years. It is wider in the higher paid categories. The Government indicates that the Department for Equal Opportunities is developing a project with the European Social Fund to improve the living standards and independence of women with a view to reducing the wage gap. The project has four objectives: (1) improving living standards (health, services); (2) improving the access of women to the labour market; (3) improving women’s working conditions; and (4) promoting the participation of women in the creation of socio-economic activities. The Committee asks the Government to provide information on the impact of the project in relation to the principle set out in the Convention.

5. The Committee notes the court decisions relating to the matters covered by the Convention and asks the Government to continue providing information in this respect.

6. The Committee notes the Government’s indications that the labour market reform undertaken by Act No. 30 of 2003 and Legislative Decree No. 276/2003 has liberalized the labour market in agriculture. In this context, employment agencies have to pay the social security contributions determined for the agricultural sector. With a view to reinforcing the protection of workers, the joint responsibility of the employment agency and the user, in relation to remuneration and contributions, was established by section 23 of Decree No. 276/2003. An important role has been given to agencies authorized by the Ministry of Labour and Social Policy in promoting access to work in agriculture, thereby contributing to combating illegal work, in which workers are more exposed to exploitation in such forms as caporalato (illegal fee-charging by placement agencies). The Committee asks the Government to keep it informed of the impact of this legislation in relation to the principle of equal remuneration for men and women workers in agriculture, with an indication, for instance, of trends in the regularization of illegal workers in agriculture, the degree to which the activities of agencies comply with the new legislation and, where possible, to provide statistical information on men and women working in agriculture. Please also provide information on collaboration with the social partners with a view to assessing the effectiveness and impact of Decree No. 276/2003 in relation to the matters referred to above.

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The Committee notes the information provided by the Government in its report and the attached documentation. It also notes the comments submitted by Confindustria. It asks the Government to provide further information in its next report on the following points.

1. The Committee notes the measures taken by the Government to increase women’s participation in the labour market. It further notes the figures that show an actual increase in women’s participation in the labour market of 2.8 per cent, compared with 0.8 per cent for men. However, it notes that such increase is due both to the greater adaptability of women to the demands of the market, for example in part-time positions, and the rise in the number of "women’s occupations", such as personal services like domestic help and door-to-door selling (78 per cent of women in the south are engaged in these types of work). In fact, employment in atypical work from 1999 to 2001 rose by 36.1 per cent for women, compared with 24.6 per cent for men. Therefore, the Committee recalls that women are still frequently segregated into lower status and lower remunerated occupations, and reiterates its request for information on the measures taken to increase women’s participation in full-time and higher status positions. The Committee also reiterates its request for information on the manner in which the principle of the Convention is respected in atypical employment relationships.

2. In its previous comments the Committee noted the measures adopted by the Government and the social partners to reinforce the policy of gender mainstreaming and to promote the presence of women in decision-making positions in the public sector. However, the Committee notes the data supplied with the latest report on the distribution of men and women in the different sectors and at the different levels of the public administration, and notes in particular that only 6.9 per cent of women occupy the post of general director of a Ministry, and 20.8 per cent the post of director, and that 15.1 per cent of women have been elected to the Parliament in the last elections. The Committee asks the Government to continue to supply such statistical data, and to enhance the measures taken to promote women’s access to senior managerial positions within the public administration.

3. The Committee notes the threefold approach taken by the Government in order to advance equality in employment and occupation: it notes section 3 of Decree 151/2001 which confirms respect for the principle of non-discrimination, section 4 of Act No. 903 providing for equality of treatment in pensions, and the progressive lightening of the cost of female labour. The Committee would be grateful if the Government would describe the manner in which these provisions have helped to reduce the pay gap between women and men workers.

4. The Committee is concerned about the lack of statistical data on wages and incomes disaggregated by sex and level of responsibility. It points out the importance of providing statistics in order for the Committee to be able to examine the actual situation in relation to the wage gap between men and women. In this connection the Committee reiterates its request for a copy of the survey on wage differentials in Italy, disaggregated by sex, commissioned by the National Commission on Equality which was expected to be available in 2001.

5. The Committee notes the attachments to the Government’s report concerning court decisions on cases of indirect discrimination. It also notes the summary table of violations and sanctions relating to equality legislation, in particular that the violation of the principle of equal pay for work of equal value (article 2(1) and (2) of Act 903/77) is sanctioned with a fine from £200,000 to £1,000,000. The Committee further asks for information on any jurisprudence relevant to the application of the principle of equal remuneration for men and women for work of equal value.

6. The Committee is obliged to reiterate its previous request for information on the Government’s efforts to curtail the caporalato scheme of illegal contracting. In this regard, the Committee had noted section 1(3) of the Act No. 196/97, which provided for the experimental use of temporary labour contracts in the agricultural sector. In this context, the Committee again repeats its request that the Government provide information on the follow-up to the Senate Labour Commission Investigative Committee’s recommendations regarding strengthening the monitoring of violations of the principle of equal remuneration between men and women in the agricultural sector.

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The Committee notes the information contained in the Government’s report and in the supplementary documentation provided, as well as the comments of the Italian Confederation of Company Managers (CIDA).

1.  The Government states that, although the position of women in the labour market has improved in recent years, there are still differences between men’s and women’s levels of economic activity, particularly in some regions of the country and in certain sectors and occupations. According to CIDA, the percentage of women in the Italian labour market has increased, rising to 35.3 per cent in 1998. However, women are still frequently segregated into occupations that are considered traditionally female and, further, while the number of female managers is increasing, vertical occupational segregation is still significant. The statistical data attached to CIDA’s comments show that the average gross earnings of women managers is 82 per cent of the average gross earnings of their male counterparts.

2.  The Government attributes the persistence of salary differentials between men and women to a number of factors, including women’s greater share of family responsibilities and their concentration in lower-paid sectors and in temporary and part-time work. In respect of family responsibilities, the Government indicates that it attaches particular importance to actions which make personal or family life and working time more compatible. In this respect, the Committee notes the adoption of Act No. 53 of 8 March 2000, which contains provisions concerning maternity, paternal and training leave and flexible working hours. The Committee would be grateful if the Government would continue to keep it informed of measures taken or envisaged to assist men and women in balancing their work and family responsibilities and of the effect of these measures on women’s participation in the labour market as well as on the existing wage disparities. With regard to women’s concentration in lower-paid sectors and occupations, the Committee notes CIDA’s comments recommending that measures be taken to improve not only the number of women employed, but also the quality of their employment, by promoting women’s equal access to the education and training necessary to permit them to compete effectively for and obtain higher-level and better-paid positions. The Committee would appreciate receiving information in the Government’s next report on any measures taken in this respect. The Committee also notes from the report that the spread of atypical forms of employment contracts has contributed to the increase in women’s employment and that far greater numbers of women than men are in part-time employment. Noting that the Government also attributes the persistent salary differentials between women and men to women’s concentration in temporary and part-time employment, the Committee asks the Government to indicate the measures taken to promote the application of the Convention in atypical employment relationships or to ensure that part-time employment is not disproportionately under-remunerated in relation to full-time employment.

3.  In respect of the public administration, the Government states that there is an influx of women into the public services in percentages of higher than 50 per cent. According to the report, women now occupy 48.16 per cent of posts in the government administration. The Government indicates, however, that women are still under-represented in managerial positions. In 1999, women occupied 22.4 per cent of managerial positions in central government and 24.5 per cent of such posts in local government. The Committee asks the Government to supply information, including statistical data, on the distribution of men and women in the different sectors and at the different levels of public administration. It notes from the report the measures adopted by the Government and the social partners to reinforce the policy of gender mainstreaming and to promote the presence of women in decision-making positions. The Committee asks the Government to supply information on measures taken to promote women’s access to more senior managerial positions of greater decision-making authority in the public sector, particularly on any training programmes designed to enable women to advance in public sector employment.

4.  The Committee notes that the National Commission on Equality has commissioned a survey of wage differentials in Italy, disaggregated by gender. Noting that the results of the survey will be available in early 2001, the Committee asks the Government to forward a copy with its next report.

5.  With respect to its previous comments on Directive 27/3/97, which called for full enforcement of Act No. 125 of 1991, the Committee reiterates its request for information on the number of prosecutions carried out for violation of the Act involving indirect discrimination and the outcomes, as well as for copies of any jurisprudence issued relevant to application of the principle of equal remuneration for men and women for work of equal value.

6.  In its previous comments on the Government’s efforts to curtail the caporolato scheme of illegal contracting, the Committee had noted section 1(3) of Act No. 196/97, which provided for the experimental use of temporary labour contracts in the agricultural sector. In this context, the Committee repeats its request that the Government provide information on the follow-up to the Senate Labour Commission Investigative Committee’s recommendations regarding strengthening the monitoring of violations of the principle of equal remuneration between men and women in the agricultural sector.

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The Committee notes the information contained in the Government's report and attached documentation.

1. In previous comments, the Committee has noted the Government's position that the persistence of salary differentials between men and women is largely due to the greater family responsibilities assumed by women in comparison to men, which have a significant impact on their participation in the labour market and their management of time. Consequently, to assist workers in balancing their work and family responsibilities, the Government amended legislation regulating working hours. Section 13 of Act No. 196/97 provides for a maximum 40-hour work week and encourages the use of reduced and flexible work hours, giving the task of defining the Act's application to the collective bargaining process. Further, the Committee notes with interest the enactment of Directive 27/3/97 which, inter alia, promotes the reorganization of working hours to permit men and women workers, depending upon their stage of life, to reconcile their family and professional obligations and to acquire additional training and instruction to further their professional development. The Committee takes particular note of paragraph 7 of the Directive, which contemplates tripartite efforts to promote the adoption of policies permitting flexible and part-time work hours. Paragraph 7 contemplates various objectives to promote equal opportunity for men and women workers, including conducting periodic studies on workers' use of time, recognizing the value of care-giving work and promoting the full enforcement of Act No. 125 of 10 April 1991, particularly that portion of the Act concerning the prosecution of violations involving indirect discrimination. The Committee asks the Government to keep it informed on the application and impact of the Act and the Directive, as well as on any other measures taken to permit men and women workers to balance family and professional responsibilities and the impact of these measures on the existing wage gap.

2. With regard to the situation of women workers in the public sector, the Government's report indicates that women hold 22 per cent and 24 per cent of managerial positions in the central and local governments, respectively. The Committee notes with interest that the participation of women in the judiciary has now increased to 30 per cent. The Government report refers to Directive 27/3/97, which contemplates taking positive action to ensure the significant presence of women in all positions of the public sector and undertaking studies to analyse the impact of various factors on women's access to positions of decision-making authority and to propose appropriate changes in the public sector workplace. The Committee requests the Government to continue to supply information on the content and impact of any positive action plans undertaken in this regard as well as on the impact of Legislative Decree No. 29/1993, and the results of any studies conducted on women's access to positions of decision-making authority in the public sector. The Government is also asked to continue to provide statistical data on the distribution of men and women in different occupational categories and at different levels of the public sector, showing actual hourly earnings disaggregated by sex.

3. The Committee takes due notice of the Government's statement that statistics on the average earnings of men and women workers are still not available at the national level. The Committee understands that the conflict regarding the application of section 9 of Ministerial Decree of 8 July 1991 has now been resolved, requiring enterprises to provide the Government with detailed information regarding their employees, including gender disaggregated data. In connection with the problem of the wage gap, the Committee notes that the figures contained in the National Council of Economy and Labour Study show significant levels of vertical occupational segregation, although the extent of the disparity varies widely, depending upon the sector of economic activity, from female managers of large businesses (3 per cent) to women managers in advertising firms (35 per cent). The study also shows that women are greatly underrepresented at higher levels in the academic sector (only 3.1 per cent of rectors are female). In order to permit the Committee to evaluate the application of the principle of the Convention, the Government is again asked to provide, in its next report, up-to-date statistics in accordance with the general observation on this Convention.

4. The Government's report indicates that numerous initiatives have been taken by the Government and its social partners to disseminate information regarding Act No. 125/1991, but that no judicial decisions regarding salary discrimination have yet been handed down. In light of the language in Directive 27/3/97 calling for full enforcement of Act No. 125 of 1991, particularly that portion of the Act concerning the prosecution of violations involving indirect discrimination, the Committee asks the Government to continue to supply information regarding the number of prosecutions conducted for violation of Act No. 125/1991 and the outcome, including copies of any jurisprudence issued relevant to the principle of the Convention.

5. With regard to the Government's efforts to curtail the caporolato scheme of illegal contracting, the Committee notes the information contained in the report regarding Act No. 608 of 28 November 1996 which introduced greater flexibility in the hiring process and imposed stricter compliance with the social security system to prevent use of unregistered labour. The Committee further notes the reference in the report to section 1(3) of Act No. 196/97 providing for the experimental use of temporary labour contracts in the agricultural sector. Further to its previous comment, the Committee again requests the Government to supply information on the follow-up given to the Senate Labour Commission Investigative Committee's recommendations on strengthening the monitoring of violations of the principle of equal remuneration between men and women in the agricultural sector.

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The Committee notes the Government's report and annexes and the comments of the General Confederation of Industry (CONFINDUSTRIA) on the application of the Convention. It also notes with interest the creation in 1996 of a Ministry of Equal Opportunity attached directly to the Office of the Prime Minister.

1. Having noted in its previous comment the Government's statement that one of the main factors responsible for the persistence of a wage gap between men and women is the greater family responsibilities assumed by women, the Committee requested the Government to provide details regarding the measures taken or contemplated in order to give practical effect to one of the objectives of Act No. 125 of 1991 (on positive actions to achieve equality at work between men and women), namely to promote a better balance between family and professional responsibilities. In reply, the Government reiterated its conviction that the best strategy to combat segregation in the labour market is to concentrate on the arrangement of working time to allow all workers -- especially women -- to reconcile their family and professional obligations. This conviction is strengthened, furthermore, by the conclusions of a recent study (February 1996) carried out jointly by the National Commission for Equality of Opportunity and the National Statistics Institute according to which the fact that men and women play very different roles in the family has consequences on their management of time. The Committee notes with interest that the Government has therefore decided to adopt the European Directive on the regulation of working hours (in particular, the provision on the 40-hour working week) and the Directive on parental leave; to include measures to encourage the reduction and reorganization of working time in the labour pact, which it signed in September 1996 with labour and management; and to promote the initiatives taken by certain institutions (rearrangement of school and shop closing times, etc.) -- especially at local level -- to help workers in making their family and professional obligations more compatible. The Committee requests the Government to continue to supply information on the concrete measures taken in rearranging working time to allow women and men to exercise an occupation without conflict with their family responsibilities and on the impact of these measures on reducing the wage gap between men and women.

2. The Committee notes the statistics supplied by the Government illustrating the situation of women in the public sector which confirms the statement the Committee made in its previous comment, namely the concentration of women in low-paying positions. The Government affirms, however, that the situation of women in the public sector should improve gradually following the adoption of Legislative Decree No. 29 of 3 February 1993 which is designed to rationalize the organization of public administrations and to revise the regulations on employment in the public sector, and the renewed commitment it has taken to implement positive action plans for the benefit of female staff in the public sector. The Committee therefore requests the Government to supply detailed information on the content of the positive action plans undertaken in the public administration and on the real impact of Act No. 29 of 3 February 1993 on equal remuneration between women and men for work of equal value. Knowing that the difficulties encountered in applying the principle of equal remuneration are generally closely linked with the general status of women in employment and society, the Committee draws the Government's attention to Paragraph 6 of the Recommendation on equal remuneration which advocates that action should also be taken on vocational guidance, vocational training and placement with a view to facilitating application of the principle of the Convention. For further details, the Committee refers the Government to paragraphs 180 to 198 of its 1986 General Survey on equal remuneration.

3. The Committee notes that the conflict between CONFINDUSTRIA regarding application of section 9 of the Ministerial Decree of 8 July 1991 on the collection of statistics has finally been resolved and that, as from 1998, firms will be required to communicated detailed data on their staff situation (internal and external mobility, information broken down according to gender, union affiliation, etc.). It also notes that, according to CONFINDUSTRIA, the enterprises in its sector have not waited for 1998 to transmit the statistics required in paragraph 9 of that Decree. Consequently, the Committee requests the Government to supply recent statistics on average rates of remuneration of men and women in the private sector.

4. The Committee notes the information supplied by the Government in regard to the provision of Act No. 125/91 transferring the burden of proof in certain cases of indirect discrimination based on sex. It also notes the statement by CONFINDUSTRIA to the effect that it was not a real reversal of the burden of proof but rather an alleviation since the burden of proof still fell on the defendant. The new element was that once the person claiming to be the victim of discrimination has proved a fact establishing a reasoned presumption of discrimination the burden of proof is transferred to the defendant employer who must prove the non-existence of discrimination based on sex. Noting that, according to the report, this provision has not been used since the entry into force of Act No. 125/91, the Committee requests the Government to supply information on the measures taken or contemplated to make it known to the general public.

5. Finally, in regard to the "caporalato" system (illegal fee-charging placement agencies) which prevails in the agricultural sector, the Government states that the investigative committee created within the Senate Labour Commission to study this form of corruption existing in the south of Italy has formulated a proposal to reform employment agencies and make them correspond more closely to the real and specific imperatives of the local labour market, and that the reform is currently being reviewed by the authorized institutions. The investigative committee also formulated recommendations concerning improved control of violations. The Committee requests the Government to continue to supply information on its efforts to resolve the problem of the "caporalato" system and also on the follow-up given to the investigative committee's recommendations on strengthening the monitoring of violations of the principle of equal remuneration between men and women.

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The Committee has taken note of the Government's report, its annexes, and the comments of several employers' and workers' organizations on the application of this Convention and on the Government's request to workers' and employers' organizations for statistics in this connection (in particular, the comment of the General Confederation of Industry (CONFINDUSTRIA) and the joint letter from the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers' Unions (CISL), and the Italian Union of Labour (UIL)).

1. The Committee takes note of the Government's statement that one of the main factors responsible for the persistence of a wage gap between men and women is the greater family responsibilities assumed by women. It also notes that the CGIL-CISL-UIL refer to the burden of family life as a main factor in the continuation of a 30 per cent wage gap between men and women. The Committee asks the Government to supply whatever data may be available regarding the average number of hours worked per week for full-time men and full-time women workers. Noting that section 1(e) of Act No. 125 of 1991 states that one of the purposes of the Act is to favour a balance between family and professional responsibilities and a better division of such responsibilities between the two sexes through new work arrangements, the Committee requests the Government to provide details regarding the measures undertaken or contemplated in order to give practical effect to this declared objective in the face of the acknowledged problems for women workers with family responsibilities. The Committee would like to draw the Government's attention to the suggestions contained in Convention No. 156 and Recommendation No. 165 regarding the harmonization of work and family responsibilities. It hopes that the Government will give due consideration to the principles contained therein.

2. The Committee notes that the statistics supplied by the Government for the public sector reveal a concentration of women in low-paying positions. With reference to paragraph 26 of its 1986 General Survey on Equal Remuneration, the Committee recalls that Article 2, paragraph 1, of the Convention obliges a State to ensure the application of the principle of equal remuneration for work of equal value to its own employees. This obligation goes beyond the obligation merely to promote the application of the equal pay principle; rather, it requires the Government to ensure that the principle is in fact being applied in the public sector. The Committee therefore requests the Government to indicate which measures have been adopted or are contemplated in order to redress this problem and to supply statistical data showing the current situation of male/female remuneration in the public sector.

3. Referring to its previous comment, the Committee again requests the Government to provide statistical data on wage rates of men and women in the private sector. The lack of statistics prevents the Committee from fulfilling its responsibility of monitoring the progress within countries in achieving the objectives of the Convention (see paragraph 248 of the 1986 General Survey which highlights the importance of statistics in the effort to give full effect to the principle of equal remuneration). In this respect, the Committee notes that the Ministerial Decree of 8 July 1991 requires enterprises to submit data concerning the remuneration and relative placement of their staff, but that CONFINDUSTRIA has launched an appeal against the Decree leading to a blockage in the collection of data. Nevertheless, the Committee must stress the importance of having appropriate data and, consequently, it asks the Government to do its utmost to convince the private sector of the need to collaborate in preparing well-documented reports for ratified Conventions.

4. The Committee notes with interest the provision in Act No. 125/91 stipulating that the burden of proof should be shifted in some cases, when the complainant alleges indirect discrimination based on sex and supports her claim with statistical evidence. The Committee asks the Government to supply, in its next report, information as to the use of this provision in wage discrimination cases.

5. Regarding the enforcement of the national legislation on equal wages, especially in agriculture, the Committee notes with interest the efforts of the Government to resolve the problem of the "caporalato" system (illegal fee-charging placement agencies), in particular, the collaboration between the Ministry of Labour and the agricultural trade union organizations. It asks the Government to supply, in its next report, information on the monitoring of violations of the principle of equal remuneration between men and women (infringements detected, penalties imposed; court decisions; any discussions of this principle within the National Committee for Equality between male and female workers or by the Commissioners for Equality by virtue of section 3(8) of the Regulations of 29 April 1992 to implement Act No. 125 of 1991).

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The Committee has taken note of the Government's report and the information annexed thereto.

1. The Committee notes with interest the adoption of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work, and of the provisions in recent collective agreements for the promotion of equality between men and women. The Committee refers to its comments under Convention No. 111 with regard to general questions relating to the promotion of equality between men and women.

The Committee asks the Government to indicate specifically how far the wage differences between men and women which, according to the Government's previous reports, still persisted have been reduced by the application of the measures mentioned above.

2. The Committee further asks the Government to indicate how the application of the principle of equal remuneration is ensured as regards those elements of remuneration which are paid or granted in addition to the basic wage.

3. The Committee would be grateful if the Government would also supply the following information: (a) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels; (b) the proportion of women covered by collective agreements and the distribution of men and women at the various wage levels, by sector of activity; (c) statistical data on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.

4. It would be useful for the Committee to have information on the measures taken to ensure supervision of the application of the provisions of law concerning equal wages and in particular on the activities of the labour inspectorate, especially in agriculture (violations detected, penalties imposed) and on the decisions of the courts in this field.

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The Committee notes the information contained in the Government's report.

1. Further to its previous comment, the Committee notes that according to inspection reports, Act No. 903/77 concerning equality of treatment between men and women in employment is generally respected, especially as concerns equal remuneration (Article 2), with the exception of certain cases involving seasonal agricultural work in the southern region of Italy where inspectors have been obliged to report to judicial authorities for the imposition of fines against employers who contravene the law. The Committee would be grateful if the Government would continue to supply information concerning the measures being taken or contemplated to apply the principle of equal remuneration, with emphasis on those sectors of activity in which women may be particularly vulnerable to pay discrimination.

2. Referring to its previous comment, the Committee again requests the Government to provide any information on the measures being taken or contemplated to reduce the wage differential between men and women in so far as it is caused by indirect discrimination through occupational segregation, job mobility and promotion of women.

3. The Committee also reiterates its request to the Government to continue supplying information on any measures to ensure equal remuneration in respect of those components of remuneration that are paid or granted in addition to the basic salary. The Committee would be grateful if the Government would also supply any court decisions pertinent to this matter.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the detailed information contained in the Government's report and in the attached documents.

1. In reply to previous comments on the disparity in the application of Act No. 903 of 9 December 1977 between the regions of the north and south of the country, the Government indicates that the Act has had a profound impact on the situation of women in the southern regions. Discrimination as regards wages based directly on sex has practically disappeared, although it is noteworthy that the sectors of activity where the average wage is lowest are those in which there are a majority of women workers. The Government indicates that it has addressed this question and the problem of clandestine work in the specific regulations respecting home work (the widespread form traditionally taken by clandestine work) and all the provisions of the labour legislation to protect workers. The Committee requests the Government to continue to supply information on the practical measures that have been adopted in order to ensure the application of the principle set out in the Convention in sectors where women are in a majority and on the impact of measures to combat clandestine work in this respect.

2. The Committee notes with interest the information compiled by the National Committee for Equality in the publication "Women and Work", particularly with regard to the application of the principle of equality of remuneration. This publication indicates that the principle of the right of women to the same wages for the same work or for work of equal value, guaranteed by section 37(1) of the Constitution and by section 2 of Act No. 903, is generally respected. However, information on the wage differences between men and women and on occupational segregation on grounds of sex indicate that discrimination continues to affect promotion, mobility between jobs and duties and progress in careers. The National Committee for Equality stressed the difficulty of combating this type of discrimination, for which remedies through the courts are not readily available. It pointed out that the trend in the case-law is to require the victim to prove that the employer's decision was founded on an intention to discriminate, even though the decision has all the appearances of a violation of the principle of equal remuneration for men and women.

The Committee points out that, when the Convention refers to rates of remuneration established without discrimination based on sex, it is referring not only to cases of open discrimination but also to cases in which apparently objective grounds are, either explicitly or implicitly, applied with reference to the sex of the worker, irrespective of the intention of their author. It requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

3. The Committee notes Order No. 394 of the Council of State, dated 6 June 1983, which was transmitted by the Government. By virtue of this Order, the duties assigned to female staff in the police force, which are enumerated in section 2 of Act No. 1083 of 7 December 1959, are not identical to those of the male staff; as a result, despite the coming into force successively of Act No. 903 of 9 December 1977 and Act No. 312 of 11 July 1980, the special service allowance and the special public safety allowance are paid at a lower rate to female inspectors and auxiliaries. The Government indicates that the problem of the difference in duties assigned to men and women in the police force has been rectified by the adoption of Act No. 121 of 1 April 1981 respecting the new Regulations of the Public Safety Administration.

The Committee requests the Government to continue supplying information on the measures that have been adopted in order to give effect to the principle of equal remuneration for work of equal value to all the components of remuneration.