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

Italy

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1956)
Equality of Treatment (Social Security) Convention, 1962 (No. 118) (Ratification: 1967)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 102 and 118 together.

The Committee notes the observations of the Italian Confederation of Managers and Other Professionals (CIDA) communicated with the Government’s report.

Articles 26(2), 28(a) and 65 of Convention No. 102. The Committee takes due note of the information provided by the Government in its report concerning the pensionable age and calculation of old-age pensions.

Article 65(10) of Convention No. 102. Adjustment of old-age benefits. The Committee notes from the Government’s report that according to section 1(309) of Act No. 197 of 29 December 2022, the adjustment index for pensions in 2023 and 2024 is set as follows: 100 per cent for pensions up to four times the minimum payment (MP); 85 per cent for pensions between four and five times the MP; 53 per cent for pensions above five times the MP; 47 per cent for pensions above six times the MP; 37 per cent for pensions between eight and ten times the MP; and 32 per cent for pensions above ten times the MP.

The Committee further notes that according to the observations of the CIDA, projected losses due to changes in pension adjustment over the average lifetime range from €6,673 for men to €7,804 for women, with losses exceeding €30,000 for the highest pensions. The CIDA further indicates that changes in pension adjustment and other recently adopted measures, justified by budgetary needs, have widened the gap between the lowest and medium-high pensions, leading to increased inequity within the pension system and eroding the standard of living of pensioners. Recalling that the rates of old-age benefits shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee requests the Government to provide statistical data on the adjustment of old-age pensions, as required by Title VI of the report form for Convention No. 102. The Committee further requests the Government to provide its comments on the CIDA’s observations.

Articles 3 and 4(1). Branch (c) maternity benefit, Article 2, of Convention 118. The Committee previously noted that according to section 75 of Legislative Decree No. 151 of 26 March 2001, the maternity allowance for non-standard and discontinuous occupations is granted to women with at least three months of contribution, who are Italians, European Union (EU) nationals and third-country nationals in possession of a long-term residence permit provided in case of legal residence in Italy for at least five years. The Committee recalled that, as prescribed by Articles 3 and 4(1) of the Convention, nationals of Member States which have accepted the same branch of social security shall be granted equality of treatment with Italian nationals, both as regards coverage and the right to benefit, without any condition of residence.

The Committee notes with interest that according to the Government’s indication, Act No. 238 of 23 December 2021 has amended section 75 of Legislative Decree No. 151/2001 by extending the entitlement to the maternity allowance for non-standard and discontinuous occupations beyond third-country nationals with a long-term residence permit. In particular, holders of a single work permit for more than six months became eligible for the maternity allowance for non-standard and discontinuous occupations. The Committee requests the Government to provide information on the eligibility of third-country nationals with a residence permit of less than six months and three months of contribution to the maternity allowance for non-standard and discontinuous occupations.

Articles 3 and 4(1). Branch (h) unemployment benefit, Article 2, of Convention No. 118. Seasonal workers. The Committee previously noted the Government’s indication that the New Social Employment Insurance (NASpl) unemployment benefit does not cover third-country workers with residence permits for seasonal work. The Committee recalled in this respect that in accordance with Articles 3 and 4(1) of the Convention, nationals of Member States which have accepted the same branch of social security, particularly Egypt, Libya and Uruguay, shall be granted equality of treatment with Italian nationals, both as regards coverage and the right to benefit, without any condition of residence.

In its reply, the Government indicates that in line with the Council Directive 2003/109/EC of 25 November 2003 and Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011, the principle of non-discrimination applies to social benefits. The Government further indicates that foreign seasonal workers are treated the same way as Italian seasonal workers. The Committee also notes from the statistical data provided by the Government that in 2022, the total number of nationals of Egypt, Libya and Uruguay engaged in the private non-agricultural sector with at least one seasonal or fixed-term employment contract was 37,468 persons.

The Committee, however, observes from the website of the National Institute of Social Security of Italy that “non-EU workers with a residence permit for seasonal work, for whom the specific legislation remains confirmed” are not eligible for NASpl unemployment benefits. The Committee, therefore, requests the Government to clarify the eligibility of third-country workers with residence permits for seasonal work for NASpl unemployment benefits and indicate the relevant legislative provisions.