Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Italy (Ratification: 1981)

The Committee notes the Government’s report. It also notes the observations of the organizations of employers and workers “Confcooperative”, CGIL and CISL of October 2004 and the Government’s reply thereto dated 7 December 2004. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the National Fund for Children and Adolescents received additional funding in order to permit the realization of specific projects dealing with child labour. Furthermore, the Ministry of Labour, in collaboration with the National Centre of Documentation and Analysis on Children and Adolescents, created an Internet site (www.lavoro.minori.it), which specifically deals with information on child labour. The Ministry of Labour and the National Centre of Documentation and Analysis on Children and Adolescents are also cooperating on the identification of “good practices related to child labour”, taking advantage of the projects realized under Law No. 285/97. The Committee notes the Government’s information that, following the positive results achieved under Law No. 383/2001, and through the programmes approved by the Inter-Ministerial Committee for Economic Planning (CIPE), it developed a general strategy to combat work in the informal economy, including child labour, in collaboration with all the partners concerned (local administrations, trade unions, educational institutions). This strategy also includes the development of a programme aimed at supporting minors, especially those living in the south, where the school dropout rates are higher. The Committee requests the Government to continue providing information on the implementation of the strategy to combat child labour in the informal economy.

Article 2, paragraph 1. Scope of application of the Convention. Self-employment. The Committee had previously requested the Government to indicate any measures taken to ensure the application of the minimum age of 15 years for admission to all types of work outside an employment relationship, such as own-account work. Noting that Decree No. 345/99, prohibiting child labour, also applies to all persons under 18 years who have “special labour relationships”, the Committee had also asked the Government to clarify the term “special labour relationships”. The Committee notes the Government’s information that the prohibition on performing self-employed work applies to all persons under 18. In fact, section 2(2) of the Italian Civil Code provides that a minor (under 18 years) does not have the capacity of stipulating acts which are legally valid, except where special laws attribute to minors the capacity of engaging in a labour relationship. One of these special laws is Law No. 977/67, which only applies to the constitution of employment relationships. As no special law exists which attributes to minors the capacity of engaging in self-employment relationships, they are not allowed to engage in these relationships. The Committee also notes the Government’s information that the term “special labour relationships”, indicated in Decree No. 345/99, refers to all labour relationships that are different from the traditional fixed-term employment relationship due to: the different causa of the contract (such as apprenticeship); the different context (ex. domestic work); the different duration (ex. part-time work); the different object (artistic performances). The Committee takes due note of this information.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s information that section 5 of Legislative Decree No. 345/99, which amends section 3 of Law No. 977 of 1967, states that the minimum age to be admitted to work is fixed at the moment in which the minor has completed the cycle of compulsory education and, in any case, may not be less than 15 years. It notes the Government’s information that, by virtue of Law No. 53/2003, repealing Law No. 9/99, and article 38 of the Constitution, a minor is considered to have completed the cycle of compulsory education when he/she has attended at compulsory education for at least eight years (i.e. from 6 to 14 years).

The Committee notes the CGIL’s allegation that, with the adoption of Law No. 53/2003, the age of completion of compulsory education was lowered from 15 to 14 years. This created a contradiction with Legislative Decree No. 345/99, which establishes the prohibition of child labour for children under 15 years. It notes the Government’s reply that Law No. 53/2003 ensures that students from 15 years of age follow their education until 18 years within an integrated system of study and work, allowing them to continue education, or to perform vocational training, or to work within apprenticeship programmes. For this purpose, this law establishes the right/duty to education and vocational training during 12 years (i.e. eight years of compulsory education and four years of alternate periods of study and work, under the responsibility of the vocational institution), therefore from 6 to 18 years of age or, in any event, until the obtention of a qualification. The Committee notes the Government’s information that Legislative Decree No. 76/2005 implements Law No. 53/2003. Until the adoption of the legislative decrees implementing Legislative Decree No. 76/2005, section 68 of Law No. 144/1999 is applicable. This provision provides that the obligation to participate in educational and vocational training activities until 18 years of age may be undertaken in integrated systems of education and vocational training: (a) through the educational system; (b) through the regional vocational training system; and (c) through apprenticeship programmes. The Committee takes due note of this information.

Article 6. Vocational training and hazardous work. The Committee had previously noted that, according to section 6(2) of Law No. 977 of 17 October 1967, as amended in 1999, adolescents (i.e. persons aged between 15 and 18 years) may carry out, for educational or vocational training purposes, and for a period of time strictly required by such activity the work processes, operations and tasks listed in Annex I to the abovementioned law (list of hazardous occupations), provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation. It had requested the Government to indicate any measures taken or envisaged to raise the minimum age for admission to hazardous work performed as part of educational or vocational training from 15 to 16 years. The Committee notes the Government’s statements that no legal measures are envisaged to raise from 15 to 16 years the age to perform hazardous types of work in the framework of vocational training. It notes the Government’s information that the relevant legislation is in conformity with the Convention on this point. The Committee once again observes that section 6(2) of Law No. 977 of 17 October 1967, as amended in 1999, allows children between 15 and 16 years to perform hazardous work in the context of vocational training, which is not in conformity with Article 3, paragraph 3, of the Convention. The Committee once again requests the Government to take the necessary measures to amend the relevant provisions of Law No. 977 of 17 October 1967, as amended in 1999, in order to ensure that no person under 16 years of age may be authorized to perform types of hazardous work during vocational training.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s information that, during 2005, a number of inspections have been carried out. In particular, the operation titled “Sapore di Mare” has been undertaken by 11 provincial labour directions jointly with the seat of Carabinieri within the labour inspectorate, INPS and INAIL, in order to verify violations of the labour law in the tourism sector. Out of 2,371 undertakings inspected, 227 minors have been found irregularly employed. Another inspective operation, titled “Operazione Marco Polo 2”, has been carried out in eight regions and 15 provinces aimed at identifying and combating the phenomenon of informal-irregular employment of Chinese workers. Out of 480 undertakings inspected, 22 Chinese minors were found irregularly employed. Furthermore, from September to December 2005, another inspective operation called “Girasole” has been carried out by Carabinieri, INPS and INAIL, in order to combat informal work in the agricultural sector. Out of 854 undertakings inspected, 17 minors have been found irregularly working. Finally, following some reports that minor girls were working in discos and nightclubs, the General Directorate for Inspection within the Ministry of Labour has invited regional and provincial labour directorates to intensify inspections in the entertainment sector. The Committee takes due note of this information and requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children.