Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Italy

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1952)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1981)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1985)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection

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 related to conciliation. The Committee notes that, in reply to its previous request, the Government indicates in its report that it does not keep a record of the time spent by labour inspectors in carrying out procedures related to monocratic conciliation compared to the time spent on performing inspection duties. The Government further indicates that in 2023: (i) 48 per cent of the requests for interventions received by labour inspectors were treated through monocratic conciliation procedures (15,333 out of 31,956 requests for interventions); and (ii) among the preventive conciliations that were initiated with the presence of both parties (7,983), more than 76 per cent had a positive outcome. The Government reiterates that this procedure ensures immediate protection of workers' wages and social security contributions and avoids the need for inspections with respect to the conciliated labour issues. The Government further indicates that: (i) in order to allow inspectors to give priority to supervision and enforcement tasks, administrative officials with appropriate professional skills are also employed in monocratic conciliation activities, in addition to labour inspectors; and (ii) the inspector involved in the conciliation plays an active role in attempting to facilitate the signing of an agreement that guarantees effective workers’ protection. While taking note of the Government’s indication that monocratic conciliation guarantees protection of workers by avoiding the burdens related to judicial and administrative procedures, the Committee recalls once again that labour inspectors should not be involved in formal conciliation, given the potential conflict of interests between the functions of enforcement and conciliation, and the fact these are not among the primary functions of labour inspectors (2024 General Survey on Labour Administration, paragraph 120). The Committee further recalls that assigning conciliation and mediation in labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. This should result in better enforcement of the legislation and hence a lower incidence of labour disputes (General Survey of 2006 on Labour Inspection, paragraph 74). While noting the positive impact of the monocratic conciliation in ensuring protection of workers’ rights,the Committee requests the Government to provide information on the measures adopted or envisaged in order to ensure that additional duties assigned to labour inspectors are not such as to 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 Convention No. 81 and Article 6(3) of Convention No. 129, including any consideration given to the possibility of disassociating the functions of conciliation from those of labour inspection, and entrusting them to another body.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate. The Committee notes the Government’s indication that as of 1 October 2024, the national labour inspectorate (INL) consisted of 2,358 ordinary inspectors (2,294 in 2021) and 845 technical inspectors on health and safety at work (240 in 2021). The Government also indicates that following the recruitment processes held in 2021 and 2022, the total of newly hired inspection staff (ordinary and technical inspectors) is 1,166. Moreover, the Government indicates that in July 2024 a new recruitment process for 750 technical inspectors was announced. In their observations, the CGIL and the UIL underscore the importance of strengthening the human resource capacities of the labour inspectorate. In this regard, the CGIL denounces the heavy workloads in the face of persistent and severe staff shortages. It further indicates that this should be addressed through an adequate recruitment plan. The Committee requests the Government to continue to pursue its efforts in the recruitment of new inspectors and to indicate the number and nature of vacant positions.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources of the labour inspectorate. The Committee notes the Government’s information that in 2023, there was an increase of 16,68 per cent in the expenditure for mission and travel allowances and approximately 8 million Euros were allocated for the payment of expenses related to the missions of inspection staff. In the same year, the training budget increased by 142.49 per cent compared to 2022. With regard to the budget of the INL raised from the allocation of funds resulting from penalties imposed by labour inspectors, the Government indicates that the Law No. 56/2024 updated the maximum amount of the resources that can be paid to inspectors to 20 per cent of the total gross annual salary. Pursuant to the Administrative Decree No. 1/2024, as in the previous year, 5 per cent of the resources were allocated to finance equipment used to carry out inspection activities and to lease mobile telephone equipment for inspection staff. The Government also indicates that the incentives paid to the inspectors are not directly related to the sanctions imposed but are linked to the achievement of the objectives assigned annually in the field of inspections and to other indicators, including, by way of example, the use of their own vehicle for carrying out their duties and the willingness to perform inspections outside the regular working time. The Committee requests the Government to continue to provide information on the material and financial resources of the labour inspectorate.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Measures with immediate executory force. In reply to the Committee’s previous comment, the Government indicates that in addition to inspectors’ ability to adopt measures with immediate executory force in case of serious violations in the field of health and safety at work, as set out in Annex I of the Legislative Decree No. 81 of 8 April 2008, labour inspectors may order criminal confiscation in the event of imminent danger, pursuant to sections 354 and 355 of the Code of Criminal Procedure. The confiscation must be validated by the judicial authority within the next 48 hours. The Committee notes that, according to the 2023 labour inspection report, there was a significant increase (+36 per cent) in the number of suspension orders issued by labour inspectors in 2023, with 11,174 orders issued (8,210 in 2022), of which 37 per cent (4,098) were due to serious health and safety violations. The Committee takes note of this information which addresses its previous request.

Articles 12(1) and 16 of Convention No. 81 and Articles 16(1) and 21 of Convention No. 129.Free initiative of labour inspectors and frequence of inspection visits. The Committee notes the adoption of the legislative decree No. 103 of 12 July 2024, which entered into force on 2 August 2024, which aims at simplifying the control on business activities. The Committee notes that, according to section 5 of the decree, inspections should be scheduled at determined time intervals based on the assessment of the risk category of the establishment. According to this section, workplaces categorized as low–risk should be inspected no more than once per year. If, as a result of an inspection, compliance is confirmed, the business entity will be exempted from similar inspections for the following ten months. Section 3 of the decree specifies that this scheduling of inspections based on risk is not applicable in cases involving requests from judicial authorities, substantiated reports by private or public bodies, situations provided for under European Union law, inspections related to occupational health and safety, or any instances where a risk situation arises. In its observations, the CGIL indicates that the limitations on the number and timing of inspections imposed on control activities by the legislative decree are problematic and present issues of compliance with the Conventions. The Committee requests the Government to indicate how it ensures that labour inspectors are free to conduct inspection visits without previous notice at any hour of the day or night in any workplace liable to inspection and to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In this regard, the Committee requests the Government to provide information on the application in practice of the provisions of the legislative decree No. 103 of 2024, indicating the number and nature of workplaces categorized as low risk, the number of scheduled and unscheduled inspections carried out in these workplaces on an annual basis, and the number of those inspections performed in cases identified under section 3 of the decree.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129.Discretion of labour inspectors to give warning instead of instituting proceedings. The Committee notes that section 6 of legislative decree No. 103 of 2024 provides that, for violations warranting an administrative sanction of up to five thousand euros and unless the violation constitutes a criminal offense, inspectors who identify a remediable violation for the first time within a five-year period shall first issue a warning. This warning instructs the offender to comply with the relevant requirements and to rectify the administrative offense within a maximum of twenty days from the date of notification. This procedure does not apply to violations that concern the protection of public health and health and safety in the workplace. The Committee requests the Government to indicate how it is ensured that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal or administrative proceedings without previous warning and that it should be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17 of Convention No. 81 and Article 22 of Convention No. 129. The Committee further requests the Government to provide information on the application in practice of this provision of the legislative decree, including the number of warnings issued under section 6, the type of violations to which they pertain, the amount of administrative sanctions not assessed pursuant to section 6, and the number of cases in which compliance and rectification do not occur within 20 days.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129.Content of annual labour inspection reports. In reply to the Committee’s previous comment, the Government refers to the information previously provided on the updating of the INL’s information system which will allow it to obtain information on the total number of workers employed in establishments subject to inspections. The Committee also notes the Government’s indication that a further improvement of the INL information systems is underway, which will enable the establishment of a national portal to combat undeclared work. This tool aims at collecting in a single database all the information derived from the surveillance activities on undeclared work of the various inspection bodies, through the integration of existing databases. The national portal, accessible to all authorities carrying out surveillance activities on undeclared work, will make it possible to effectively plan inspection activities and monitor the phenomenon throughout the country. The Committee requests the Government to continue to provide information on the measures adopted in order to ensure that the labour inspection reports include statistics on the number of workplaces liable to inspection and the number of workers employed therein, in accordance with Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129. The Committee also requests the Government to continue to provide information on the measures taken in order to improve the effectiveness of the INL’s information system, including on the initiative concerning the establishment of an integrated database in coordination with the different agencies and bodies performing inspection duties in relation to undeclared work.

Labour administration

Articles 2, 4 and 9 of Convention No. 150. Organization and effective operation of the public employment service system following its reform, including the delegation of employment services to employers’ and workers’ organizations. The Committee notes that, in reply to its previous comment, the Government indicates that the Ministry of Labour and Social Policies coordinates the network of employment services for those seeking employment and placement in the regions. The regional network which involves several actors, including the National Social Insurance Agency (INSP), the National Institute for Insurance against Accidents at Work (INAIL), employment agencies, inter-professional funds for continuous training, bilateral funds, the National Institute for the Analysis of Public Policies, the Agency for Active Labour Policies (ANPAL), Chambers of Commerce, and universities and upper secondary schools, is organized according to a private-public model of cooperation. The Committee takes note of this information and refers to its comment under Article 3 of the Employment Policy Convention, 1964 (No. 122).

Article 10. Effective performance of the staff of the labour administration system. In reply to the Committee’s previous comment, the Government refers to the legislative measures adopted in relation to the resources allocated to the public job centres to improve and increase the efficiency of the services provided. In this respect the Government indicates that in relation to the public job centre development plan, launched in 2019 and coordinated by the Ministry of Labour and Social Policies, by the end of 2022 a total of 4,340 new personnel had been hired, with 60 per cent of centres recording a net increase in personnel over the year. The new staff were primarily hired to increase the workforce involved in support, case management and evaluation of the employability of users, and to streamline the organization of the offices and address the volume of work, thereby cutting waiting times for users. The Committee also notes the reorganization of the Ministry of Labour and Social Policies established by Decree No. 140 of 2021 of the President of the Council of Ministers, which created two new Directorates-General: the Directorate-General for Health and Safety in the Workplace and the Directorate-General for Active Labour Policies. The Committee requests the Government to provide information on the human, material and financial resources allocated to the Ministry of Labour and Social Policies following the restructuring, and to indicate the size of any increase in the budget allocated to the Ministry to cover the functions of the two new Directorates.