Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Part-Time Work Convention, 1994 (No. 175) - Italy (Ratification: 2000)

The  Committee notes the Government’s report and the comments of the General Confederation of Workers (UEL), which were forwarded by the Government.

Article 3 of the Convention. Scope of application. The Committee requests the Government to provide copies of laws, regulations and, where appropriate, collective agreements governing part-time work in the public service.

Article 7(b) Non-discrimination. Termination of employment. Section 4(2)(a) of Legislative Decree No. 61/2001, prohibiting any direct or indirect discrimination against part-time workers in a certain number of fields, does not cover the termination of employment. The Committee requests the Government to indicate the manner in which it is ensured in law and practice, that part-time workers are not subject to discrimination in this area.

Article 8. Part-time workers whose earnings are below specified thresholds. The Committee requests the Government to indicate the thresholds (in terms of hours of work or level of earnings) below which part-time workers may be excluded from the protection of statutory social security schemes. The Government is also requested to provide information on the percentage of part-time workers so excluded and on the consultations held with the most representative organizations of employers and workers on the establishment, review and revision of these thresholds.

Article 9. Promotion of part-time work. The Committee notes the adoption of Act No. 30/2003 enabling the Government to adopt legislative decrees, inter alia, to promote the use of part-time work, particularly to facilitate the employment of women, young persons and persons over 55 years of age. The Government indicates that this Act is intended in particular to encourage the access to and return of women to the labour market, especially those who have given up working for family reasons and wish to return to work. Access to part-time work and other flexible arrangements is intended to combat indirect discrimination against women by allowing them to reconcile their professional obligations and their private life. The Committee also notes the adoption, under this Act, of Legislative Decree No. 276, of 10 September 2003, amending Legislative Decree No. 61 of 25 February 2000, as amended by Legislative Decree No. 100 of 26 February 2001. The new section 5(4) of Legislative Decree No. 61 provides that economic incentives to facilitate part-time work shall be established in the context of the reform of the system of employment promotion, in accordance with Community rules on state aids. The Committee requests the Government to provide information on the types of aid afforded with a view to promoting part-time work.

Job-sharing. Sections 41 to 45 of Legislative Decree No. 276 govern job-sharing in the form of a "shared employment contract", under which two workers jointly assume the performance of a single work obligation. The Committee requests the Government to provide information on the application of these provisions in practice, including the number of workers who have chosen this type of employment contact.

Recruitment of part-time staff. Under section 5(3) of Legislative Decree No. 61, the employer is under the obligation, in the event of the recruitment of part-time staff, to inform full-time workers in the enterprise employed in production units located in the same commune and to take into consideration any requests for transfers from full-time work to part-time work. However, Legislative Decree No. 276 deleted the second clause of this provision under which, where the employer refused to give effect to such a request, she or he was under the obligation to give reasons for the decision upon request by the worker concerned. The Committee regrets the deletion of this provision, which was favourable to full-time workers seeking part-time work and thereby contributed to the promotion of part-time work. It requests the Government to provide information on the measures adopted to facilitate the freely chosen transfer from full-time work to part-time work.

Incidence of part-time work. According to the statistics provided by the Government, the percentage of workers employed on a part-time basis rose from 8.4 to 8.6 per cent between 2001 and 2002. Furthermore, the proportion of women working part-time by choice increased in relation to those who have not succeeded in obtaining full-time work. The Committee also notes that, in its communication, the UGT emphasizes that it is important for workers to have the occasion to work part-time so that they can undertake private activities (studies, family or others) in parallel with their professional activities, if they are covered by adequate protection measures. Part-time work can be positive for women, young persons and students, as well as the unemployed. In the case of the latter, it increases the possibilities of entering or returning to the world of work, which is in conformity with the European Employment Strategy. The UGT also notes the strong resistance to part-time work encountered in the south of the country. The Committee requests the Government to provide more detailed information on workers employed on a part-time basis by choice and on those who work part-time in the absence of any other possibility. The Government is also requested to provide information on the efforts undertaken to promote freely chosen part-time work in regions where this form of employment gives rise to reticence.

Article 10. Voluntary nature of the transfer from full-time to part-time work or vice-versa. The new section 3(10) of Legislative Decree No. 61 abolishes the possibility previously available to workers to denounce, after an initial period of five months, for specific reasons and subject to doing so in writing and providing notice, an agreement under which they had accepted part-time work. The Committee requests the Government to indicate the manner in which it is ensured that the deletion of this provision does not affect the freedom of workers to select whether or not to work part-time.

Additional work. The new section 3(1) of Legislative Decree No. 61 provides for the performance of additional work in the context of a "horizontal" part-time work contract (that is, under which the daily hours of work are reduced). In its previous version, section 3(3) provided that such work required the agreement of the worker and that the refusal of the latter could not give rise to disciplinary action and did not constitute a valid reason for termination. This provision has been amended by Legislative Decree No. 276 and now provides that the agreement of the worker is not required where the performance of additional work is envisaged by the collective agreement. Furthermore, although the refusal of the workers still does not constitute a valid reason for termination, the prohibition of disciplinary action has been removed. In its communication, the UGT considers that these provisions do not sufficiently guarantee the freedom of the worker and emphasizes that, if a worker refuses to perform additional work, she or he runs the risk of being subjected to disciplinary action. The Committee requests the Government to provide information on the manner in which the freedom of the worker is protected, so that she or he can continue to have access to freely chosen part-time work.

Flexibility and "elasticity" clauses. Section 3(7) of Legislative Decree No. 61 provides for the possibility of including a flexibility clause in a contract for part-time work allowing the employer to change the distribution of working time. In its version as amended by Legislative Decree No. 276, this section also provides that "vertical" contracts for part-time work (under which employees work full days but only for certain days of the week, month or year) or mixed contracts for part-time work which may include an "elasticity" clause allowing the employer to increase hours of work. The notice period to be complied with by the employer, which was initially ten days, is now 48 hours, unless a different agreement is concluded between the parties (new section 3(8)). According to the UGT, this additional flexibility runs the risk of emptying the concept of part-time work of its meaning. In practice, a worker who is obliged to perform additional work with such a short notice period may find it impossible to honour the commitments which have led her or him to decide to work part time (family, studies, etc.). The Committee requests the Government to provide information in  reply to the UGT’s comments.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, in particular, statistics on the number of workers covered by the legislation and extracts from inspection reports indicating the number and nature of the infringements reported.