Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Migration for Employment Convention (Revised), 1949 (No. 97) - Italy (Ratification: 1952)

The Committee notes the observations of the Italian Union of Labour (UIL) communicated to the Office on 9 January 2018. It further notes the joint observations of the Italian Confederation of Workers’ Trade Unions (CISL), the Italian General Confederation of Labour (CGIL), and the UIL communicated with the Government’s report and to the Office on 4 November 2019.

Article 1(c) of the Convention. Information on general agreements and special arrangements. In response to the Committee’s request to continue to provide information on bilateral agreements adopted as well as on their implementation, the Committee notes the information provided by the Government in its report about the agreement signed with the Government of the Philippines as well as the joint declaration adopted on 9 February 2017 with the Government of Tunisia which laid the ground for the ongoing negotiation of a framework agreement on migration and development. The Committee also notes the Government’s indication that: (1) a new agreement is being negotiated with the Government of the Republic of Moldova and that a number of capacity-building and professional training initiatives have been undertaken in collaboration with the Governments of the Republic of Moldova and the Philippines on the basis of the existing migration agreements; and (2) circular migration programmes for seasonal workers have been put into place in collaboration with the Government of Mauritius. On the other hand, the Committee notes that, in their observations, CISL, CGIL and UIL emphasize the lack of regulation on the entry of migrant workers for employment relationships of indefinite duration (permanent contracts), following the suspension of the annual adoption of decrees setting the admission quotas. They observe that although justified in a phase of acute economic crisis, the extended suspension has the effect of increasing the clandestine movement of migrants. The Committee requests the Government to continue to provide information on the agreements adopted as well as on their implementation and to indicate any measures taken concerning the migration of permanent migrant workers.

Article 6. Equality of treatment. The Committee notes the observations by CISL, CGIL and UIL according to which migrant workers receive on average less than 22.9 per cent of the remuneration paid to nationals for the same job or task, and that thousands of migrant workers fall outside the scope of protection of the legislation because they work in the informal economy. The Committee refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), in this respect.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that in its previous comments it referred to the adoption of Decree Law No. 89/2011, which completes the implementation of Directive 2004/38/EC on the right of citizens of the European Union (EU) to move and reside freely and transposes Directive 2008/115/EC on returning illegally staying third-country nationals. Noting that section 21 of the Decree provides that any recourse to the social welfare system by EU citizens or their family members shall not automatically constitute a ground for removal, but shall be assessed on a case-by-case basis, the Committee requested the Government to provide information on the practical application of this provision with respect to EU citizens or their family members and to indicate whether third country nationals who have been admitted on a permanent basis (and the members of their family who have been authorized to accompany or join them) maintain their right of residence in the case of incapacity for work. The Committee notes the Government’s indication that the national legislation concerning work accidents and occupational diseases applies equally to all workers living in the country and this has not been changed by the above-mentioned provisions. The Government also informs that in case of temporary incapacity for work following an accident, EU citizens do not lose their right of residence. While noting the information provided by the Government, the Committee requests it to indicate whether third country nationals who have been admitted on a permanent basis (and the members of their family who have been authorized to accompany or join them) maintain their right of residence in the case of incapacity for work and to clarify the regime applying to EU citizens in case of permanent incapacity for work, including information on the number and type of cases in which the permit of residence has been removed.

The Committee also refers to its comments formulated under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).