Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 3 of the Convention. Scope of application. Further to this point raised in its last comment, the Committee notes that section 10 of Legislative Decree No. 61 of 25 February 2000, as amended (hereinafter Legislative Decree No. 61/2000) provides that the provisions of the Decree also apply to employment relations of the public administration except for special provisions regulated by other acts.

Article 7(b). Non-discrimination. Termination of employment. While noting the Government’s extensive reference to section 4(2) of Legislative Decree No. 61/2000 which enumerates factors that may not be adapted to part-time work and in respect of which part-time workers must be treated in the same manner as comparable full-time workers (e.g. duration of probation period, annual leave, duration of compulsory maternity leave occupational accidents/diseases, access to professional training), the Committee observes that the Decree in question does not provide specifically for equal protection of part-time workers in the field of termination of employment. It is therefore bound to request the Government once more to explain how it is ensured both in law and practice that part-time workers enjoy protection with respect to termination of employment in conditions equivalent to those of full-time workers.

Article 8. Social security coverage. The Committee notes the Government’s statement that no use has so far been made of the provisions of this Article of the Convention. The Committee therefore understands that no part-time workers are excluded from the scope of any statutory social security schemes irrespective of their hours of work or the level of their earnings. The Committee requests the Government to confirm that this understanding reflects the current state of law and practice.

Article 9. Access to part-time work. The Committee notes the indications on measures provided for in the legislation with a view to facilitate access to part-time workers, including section 12ter of Legislative Decree No. 61/2000, inserted by virtue of section 1(44)(e) of Act No. 247 of 24 December 2007, providing for priority in recruitment for a fixed-term post for all those who had previously converted their full-time employment contract to the part-time one, provided that the post involves the same or equivalent job with the job performed by the worker in question. It also notes that financial incentive measures are under consideration, including, for instance, tax increases for part-time contracts providing for less than 12 working hours per week, with a view to encouraging employers to offer part-time contracts with longer working hours. The Committee requests the Government to continue supplying information concerning measures taken or envisaged in order to facilitate access to productive and freely chosen part-time work, and the practical results obtained, including the evolution of the number of workers who opt for job-sharing.

Article 10. Voluntary transfer from full-time to part-time work or vice versa. The Committee notes the Government’s explanations concerning various measures facilitating the transfer from full-time to part-time work and vice versa. For instance, priority recruitment for a full-time position of a worker who is employed part-time in the same municipality and engaged in the same or equivalent job, and priority consideration for the conversion of a full-time contract into a part-time one in case of a request by a worker caring for a child aged not more than 13 years, a disabled child or adult or a spouse, children or parents suffering from cancer (section 12bis of Legislative Decree No. 61/2000). The Committee also notes the information provided by the Government concerning “solidarity between generations” agreements established under the Financial Act 2007 (Act of 27 December 2007) by which an employee who has reached 55 years of age can switch on a voluntary basis his/her full-time contract to a part‑time one thereby working a lower number of hours – thus creating jobs for unemployed persons below 25 years of age. The Committee requests the Government to continue supplying up to date and documented information in this regard.

Additional work. Further to its previous comments concerning the deletion of a section of Legislative Decree No. 61/2000 which required the worker’s consent before the performance of additional work, the Committee notes the Government’s explanations that it considers workers covered by collective agreements to be sufficiently protected. The Government admits, however, that, for workers who are not covered by collective agreements, additional work may be permitted without limit, save the overall limit that the total working time of part-time workers must – by definition – be less than full time, which is normally 40 hours per week unless prescribed otherwise in a collective agreement. It adds that, in this case, the worker’s consent is not required in any specific form and therefore consent can be shown by conclusive evidence. While noting the Government’s statement that the need for consent means that the worker’s refusal cannot be a ground for dismissal or disciplinary measure, the Committee considers that there is a real risk of abuse against workers who would refuse to perform additional work. It therefore requests the Government to consider the possibility of adopting the necessary measures for protecting workers from undue pressure to perform additional work. The Government is also requested to provide statistical information concerning the percentage of part-time workers covered by collective agreements.

Flexibility and “elasticity” clauses. The Committee notes that section 3(8) of Legislative Decree No. 276/2003 was amended by section 1(44)(b) of Act No. 247 of 24 December 2007, which now provides that the advance notice on the change made by the employer in the distribution of working time of the worker must be given to the worker at least five working days, as compared to 48 hours previously. It also notes the Government’s indication that section 1(44)(c) of Act No. 247 of 2007 prohibits flexibility or elasticity clauses from being included in individual part-time contracts, and that, as a consequence, only collective agreements may establish conditions and procedures for changing the allocation of labour and distribution of working time, and maximum limits on the increase in working time.

Part V of the report form. Application in practice. The Committee notes the gender- and industry-aggregated statistical information provided by the Government showing that part-time workers, many of them female, increased by 3.6 per cent (109,000 workers) in 2007 compared to the previous year, in particular in the commerce and service sectors throughout the country. As a result, part-time workers now constitute 14.1 per cent of wage employment and just under half of them regularly work more than 20 hours per week. The Committee would be grateful if the Government would continue providing up to date information on the application of the Convention in practice, including, for instance, the approximate number of part-time workers, broken down by age and gender; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; copies of relevant collective agreements; recent surveys or studies relating to trends in part-time employment, etc.