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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 9 and 10 of the Convention. Measures to facilitate access to part time work – Voluntary transfer from full-time to part-time work or vice versa. The Committee notes the Government’s explanations concerning recent legislative amendments which partially affect the implementation of the Convention, namely the Stability Act No. 183 of 2011 and the Labour Market Reform Act No. 92 of 2012. The Committee notes, in particular, that under section 22(4) of the Stability Act, the parties to a part-time contract may agree on additional flexibility clauses (that is distributing working time differently over the day, week, month or year) and “elasticity” clauses (that is affecting the length of working time) while the advance notice for employers wishing to change the working time of part-time workers has been reduced from five to two days. In addition, the Committee notes that the Stability Act has repealed the provision of Legislative Decree No. 61 of 2000 making the conversion of a full-time contract into a part-time contract subject to the validation of the Provincial Labour Directorate so that as from January 2012, this conversion no longer requires the approval of the Provincial Labour Directorate. Furthermore, the Committee notes that under the Labour Market Reform Act, part-time workers are given the possibility to withdraw previous consent given in an existing part-time employment contract to the performance of extra hours or to a different working time arrangement. The Government explains, in this respect, that this reform does not introduce a new right to convert a full-time contract to a part-time one but rather a “right to second thoughts” about the previous acceptance of a flexibility clause concerning variable distribution of working time or of an “elasticity” clause providing for longer working hours.

With regard to measures to facilitate access to part-time work, the Committee notes that Decree Law No. 112/2008 has repealed the dissuasive measure of tax increases for recourse to part-time contracts for less than 12 hours per week while Executive Decree of the Ministry of Labour of 19 April 2013 provides for an allowance to be paid to private employers who would take on for a fixed term, whether on a full-time or part-time basis, workers who have lost their jobs in the previous 12 months. The Government adds that measures currently being studied involve the possible transformation of full-time contracts of persons reaching pensionable age into part-time contracts for the recruitment of young people and also the temporary transformation of a full-time contract into a part-time one for family reasons (e.g. raising a child until the age of three or having to care for parents).

The Committee understands that in the current context of financial and job crisis, the Government is seeking to enhance flexible working time arrangements, and to this end, access to part-time employment is promoted. The Government indicates that between 2008 and 2012, part-time work has gone up by 16.4 per cent, or by 9.1 per cent between 2011 and 2012 alone, mostly affecting retail shops, hotel and restaurants and health care. The Committee requests the Government to continue to provide information on the impact the recent labour market reforms may have had on part-time employment, and on any measures or initiatives designed to improve job opportunities for those trapped – notably women and young persons – in involuntary part-time work.

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

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.

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

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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the Government’s first report and the observations made by the Confederation of Industry (CONFINDUSTRIA).

Article 7(b) of the Convention. The Committee notes that, under section 4(2)(a) of Legislative Decree No. 61/2001 implementing the Council Directive 97/81/EC of 15 December 1997 on part-time work, part-time workers must be treated in the same manner as comparable full-time workers, particularly in respect of the hourly wage, duration of the probation period and annual leave, length of compulsory and non-compulsory maternity leave, occupational accidents and diseases, access to vocational training and access to the enterprise’s social services. The Committee requests the Government to clarify how it is ensured in law and practice that part-time workers are not discriminated against with respect to termination of employment, as required under this Article of the Convention.

Article 8. The Committee requests the Government to indicate whether the scope of application of existing social security schemes is defined by reference to specified minimum requirements, or thresholds, for instance in terms of hours of work or level of earnings and, if so, to communicate the thresholds currently in force. It also asks the Government to specify whether employers’ and workers’ organizations have been consulted on the establishment and review of these thresholds, and to provide an estimate on the number of part-time workers who may be accordingly excluded from social security protection.

Article 9. The Committee notes the Government’s indication that Parliament is at present debating a draft law which addresses several employment policy issues, including concrete measures for the promotion of voluntary part-time work, particularly with regard to young people in vocational training courses, parents with children up to six years of age, and workers over 55 years of age. The Committee requests the Government to transmit the text of the new legislation as soon as it is adopted and to keep it informed of any follow-up action for the promotion of part-time work while keeping in line with the standards of social protection set out in the Convention. The Committee would also appreciate receiving copies of any recent official report discussing the Government’s employment policy in matters of flexible working time schedules and measuring the economic and social impact of part-time working. In addition, the Committee notes the comments made by the national employers’ association CONFINDUSTRIA according to which existing legislation is not consistent with Article 9 of the Convention in restricting rather than facilitating the access to productive and freely chosen part-time work, thus betraying the promotional intent of the Convention. The employers’ organization maintains that the possibility offered to part-time workers to terminate the flexible part-time agreement after an initial six-month period heavily penalizes enterprises and is an obstacle to the spread of part-time work. The Committee requests the Government to comment on these observations in its next report.

Part V of the report form. The Committee notes the statistical information concerning the evolution of part-time employment in the period 1992-2000. The Committee would be grateful to the Government for continuing to provide up-to-date information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements reported and the penalties imposed, the number of workers covered by relevant legislation and any other particulars bearing on the implementation of the requirements set forth in the Convention.