Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. The Committee notes the detailed information supplied by the Government in its report in answer to the previous comments. It notes with interest that the Unified Text of Legislative Decree No. 286 of 25 July 1998 refers to respect for fundamental human rights, regardless of the person’s legal status in the territory of the receiving State. The Committee draws particular attention to the provisions on education, access to health facilities and maternity protection and asks the Government to continue to send information on the practical application of the Unified Text.

2. Article 8 of the Convention. The Committee notes with interest that, under section 22-9 of Legislative Decree No. 286 of 25 July 1998, loss of employment, including under Italian legislation, the resignation of a non-Community worker who meets the requirements for legal residence in the receiving State, do not ipso facto involve withdrawal of the authorization of residence (permesso di soggiorno). The Committee notes that such workers may be registered on placement lists (liste di collacamento) until expiry of their residence permits and, apart from seasonal workers, for at least one year.

3. Parts IV and V of the report form. The Committee notes that the abovementioned legislation is to be amended, in particular in respect of the prevention of clandestine immigration and the procedures for granting authorizations of residence for employment purposes. It asks the Government to provide information on the new provisions once they are adopted and on any practical difficulties encountered in applying the Convention. Please also indicate whether courts of law or other tribunals have given decisions concerning the application of the Convention. If so, please provide copies of such decisions.

4. The Committee would be grateful if the Government would provide information on the implementation of its policy on equality of treatment between foreign workers and national workers. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics, etc.) concerning measures to combat discrimination against women migrant workers.