Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Italy (Ratification: 2000)

Promotion of employment opportunities for workers with disabilities. The Committee notes the Government’s detailed report received in October 2010, which includes replies to its 2006 direct request and comments by the Italian General Confederation of Labour (CGIL). The Government indicates that as a result of the implementation of Act No. 68/99 on the right to work of persons with disabilities, in 2008, 28,306 out of 99,515 persons with disabilities figuring on the mandatory employment list were placed in employment and, in 2009, 20,830 out of 83,148 were placed in employment. In its comments, the CGIL indicates that persons with disabilities are mostly concentrated in the 50–57 years age group, which makes their placement more difficult. It further indicates that public employment centres in Northern and Central regions are more efficient in promoting the employment of persons with disabilities. However, Southern employment centres improved their performance, which resulted in an increased number of persons with disabilities placed in employment. In some Central and Northern regions, persons with disabilities were employed in enterprises with less than 15 employees, although the employers were not bound to employ persons with disabilities. The CGIL stresses that more rigorous inspections should be carried out in order to detect enterprises which do not comply with their legal obligations towards the employment of persons with disabilities and punitive measures taken. In this regard, the Government indicates that in 2008 the labour inspectorate found 1,259 administrative violations of the legislation on the employment of persons with disabilities. In the 2010 inspection planning, persons with disabilities have been included among the labour market groups at risk. The Committee encourages the Government to strengthen its efforts to promote employment opportunities for persons with disabilities in the open labour market so as to ensure that they secure, retain and advance in employment. It requests the Government to provide an assessment supported by statistics disaggregated by sex, where available, of the impact of the national policy on vocational rehabilitation and employment of persons with disabilities on effectively increasing labour market participation for the persons concerned (Articles 3 and 7 of the Convention).

Practical application. The CGIL recognizes in its comments that Act No. 68/99 is a valuable instrument to create employment also in times of crisis, but regrets that its application is hindered by measures such as the suspension of the obligation to employ persons with disabilities and the hiring freeze in the public sector. Moreover, regulations implementing the legislation on the employment of persons with disabilities are still lacking. The Government indicates that the suspension of the obligation to employ persons with disabilities provided by Circular of the Ministry of Labour No. 2/2010 only concerns employers in the private sector who experience difficulties due to the financial and economic crisis. It further points out that, as clarified by Circular No. 6/2009 of the Civil Service Department, persons with disabilities are excluded from the hiring freeze in the public sector within the limits of the mandatory quota. The Government stresses that the adoption of legislation which would, in the CGIL’s view, improve the application of Act No. 68/99, is under way. The Committee requests the Government to provide in its next report information on the measures taken to ensure a better application of the existing legal framework on the employment of persons with disabilities. It also asks the Government to supply statistics disaggregated by sex, extracts of reports, studies and inquiries concerning the matters covered by the Convention, and particularly information on the number of persons with disabilities employed, including details on the type and duration of their employment arrangements, as well as on education and training opportunities offered to persons with disabilities (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2013.]