Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Italy

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1952)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1981)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government states in its report, in response to its previous request concerning the functions of labour inspectors relating to the employment of migrant workers in an irregular situation, that: (i) the inspection activity concerning labour and social legislation, with the assistance of the Carabinieri forces, has in recent years paid particular attention to combating undeclared work, especially in the agricultural sector; (ii) although ascertaining whether third-country nationals have entered Italy legally does not fall within the specific remit of local inspectorates, inspection personnel – as investigative police officials – notify the public security authorities of the presence of any irregular migrant workers, as “illegal entry to and residence in the State territory” remains a criminal offense; (iii) the invalidity of the employment contract following failure to comply with necessary procedures, does not prejudice the rights of workers who do not hold residence permits as regards remuneration, contributions, working hours, health and safety and the principles of non-discrimination and protection of minors and working mothers; (iv) an Interministerial Decree of the Ministry of the Interior, Ministry of Labour and Social Policy, and the Ministry of Economy and Finance was issued in 2017 (on implementing the provisions of section 1(3) of Legislative Decree No. 109/2012) which provides that migrant workers are informed by labour inspectors of their rights to wages and insurance and social security contributions and of the means to assert those rights; and (v) an action was planned for 2016 to fight undeclared work with particular regard to agriculture. The Committee also notes the Government’s indication, in reply to its previous request, that information on the actions taken when regularizing the employment relationship of migrant workers in an irregular situation, as well as information on the rights that were granted to them following their detection – including the number of cases in which wages and social security contributions were paid for work performed, and compensation was provided for accidents at work – is not available, and will be sent in the next report.

The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect, the Committee recalls that in its 2017 General Survey on certain occupational safety and health instruments, paragraph 452, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee urges the Government to take additional measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, in accordance with Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In this respect, it requests the Government to provide information on the manner in which it ensures that the cooperation with the public security authorities does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of the Convention. The Committee requests the Government to provide further information on the implementation of the role of labour inspectors in informing migrant workers about their rights, including any available statistics on the application of the Interministerial Decree of 2017. Lastly, it once again requests the Government to provide information on the concrete actions taken when regularizing the employment relationship of migrant workers in an irregular situation, as well as information on the rights that were granted to them following their detection (such as the number of cases in which their outstanding wages and other benefits were fully paid and cases in which compensation was paid in the event of past work accidents).

The Committee is raising other matters in a request addressed directly to the Government.