Violence and Harassment Convention, 2019 (No. 190) - Italy (Ratification: 2021)

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

The Committee notes the Government’s first report.

The Committee also notes the observations of the Italian Confederation of Workers' Trade Unions (CISL), the Italian General Confederation of Labour (CGIL), and the Italian Union of Labour (UIL) communicated with the Government’s report.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes the Government’s reference to various provisions in the Penal Code that allow to address several forms of physical and psychological violence and harassment that may occur in the word of work, including the crimes of threat, “private violence” (duress), injury, stalking, harassment or disturbance, and sexual violence. The Government further points to jurisprudence whereby different criminal offences have been used to address various cases of work-related violence and harassment, particularly in relation to the crimes of private violence and sexual violence. It also notes with interest that legislation – namely Legislative Decree 216 of 9 July 2003, ‘Implementation of Directive 2000/78/EC on equal treatment in employment and occupation’; Legislative Decree 215 of 9 July 2003 ‘Implementation of Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin’; and Legislative Decree No. 198 of 2006 (Code of Equal Opportunities between men and women) - prohibits discrimination-based harassment on the grounds of sex, religion, belief, disability, age, nationality, sexual orientation, racial and ethnic origin, defining it as unwanted conducts based on one of the abovementioned grounds with the purpose or effect of violating the dignity of a person/worker and of creating an intimidating, hostile, degrading, humiliating or offensive environment. The Committee also notes that the Code of Equal Opportunities defines specifically sexual harassment and, in this regard, refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). While welcoming these measures, the Committee notes that, beyond discrimination-based harassment addressed in equality legislation, other forms of violence and harassment in the world of work seem to be mainly defined and prohibited in the Criminal Code and to be often addressed through jurisprudence. In this regard, the Committee notes that addressing certain forms of work-related violence and harassment only through criminal proceedings may not be sufficient, due to the sensitivity of the issue and the higher standard of proof. The Committee notes the Government’s reference to a number of bills that are currently under parliamentary exam concerning the issue of violence and harassment. The Committee takes note that, according to the Parliament webpage, bill no. S257 proposes “Rules for the protection of female and male workers from moral and psychological harassment in the world of work”. The Committee asks the Government to provide information on the advancement of the ongoing legislative reforms, and to consider defining and prohibiting in legislation, other than criminal law, forms of violence and harassment in the world of work that are not based on grounds of discrimination.

Articles 2 and 3. Scope. The Government indicates that all persons listed in Article 2 of the Convention are protected, in the public and private sectors, against violence and harassment in the world of work through diverse laws and regulations. The Committee notes that the Code of Equal Opportunities, and the Penal Code have a general personal scope of application and can apply to all situations encompassed by the world of work. The Committee also notes that Legislative Decrees No. No 216 of 9 July 2003 and No. 215 of 9 July 2003 specifically apply to harassment in the context of access to training, employment and occupation, including self-employment, conditions of work and security of tenure, without restricting the context in which harassment occurs. The Committee observes that the Code of Equal Opportunities refers, in section 26, to harassment against women and men “workers”. The Committee further notes that the Government refers to: (1) section 28 of the Consolidated Safety and Health Law, which applies to risks “during work activities”; and (2) Legislative Decree no. 38 of 23 February 2000 on accidents at work contains specific rules on health and safety on the journey from home to work; and (3) Act No. 81 of 22 May 2017 addresses occupational safety and health outside the company in work arrangements that concern the flexible articulation of the place of work (section 23 (2) and (3)). In addition, the Government indicates that several protocols have been signed between the Government and the social partners, also at company level, with the aim of guaranteeing safety in workplaces that are not strictly related to the company or office premises and appurtenances in the strict sense, taking into account the atypical nature of agile work which can take be undertaken in any place chosen by the worker. The Committee asks the Government to clarify who is covered by the reference to “workers” in the Code on Equal Opportunities.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government and welcomes the role played by social dialogue and social partners to address violence and harassment in the world of work in many sectors, as acknowledged by the Government, which underlines that collective agreements cover 90 per cent of labour relations. The Committee notes the various sectoral collective agreements, as well as the general declarations and agreements that refer to violence and harassment, with a particular emphasis on gender-based violence and harassment. The Committee requests the Government to continue to provide information on the collaboration between the Government, employers and workers and their organizations to prevent and eliminate all forms of violence and harassment in the world of work against all persons, particularly in relation to forms of violence and harassment that are not based on gender.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on the legal framework on equality and non-discrimination applicable in the country. The Committee refers, in this regard, to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8(a) and (c). Informal economy workers. Role of public authorities. The Committee notes that section 323 of the Criminal Code, which criminalized “abuse of office”, which prohibited the conduct whereby a public official causes unjust damage to others in the performance of his or her duties or service, and in breach of specific rules of conduct, was repealed by Law no. 114 of 9 August 2024. The Committee requests the Government to provide information on any measures aimed at: (i) recognizing the role of public authorities in the prevention of violence and harassment against workers in the informal economy; and (ii) raising the awareness of and training public servants to identify, prevent and deal with such cases.

Article 8(b) and (c). Sectors or occupations and work arrangements more exposed to violence and harassment. The Committee notes with interest the Government’s reference to Act no. 113 of 14 August 2020 on ‘Safety provisions on the safety of health and social care professionals in the exercise of their functions’, which establishes, among others: (1) a National Observatory to monitor incidents and risks of violence against such professionals (including in relation to sentinel events) and the adoption of prevention and protection measures; (2) a specific offence and an aggravating circumstance for crimes committed with violence or threat to the detriment or health and social care professionals, as well as an administrative sanction where violence, abusive, offensive or harassing conduct against them does not constitute a criminal offence; and (3) the obligation of the structures where these professionals work to include violence prevention measures in their security plans. The Government also refers to the development by the National Institute for Insurance against Accidents at Work (INAIL) of a specific module on work-related stress to assess psychosocial risks specific to health workers. According to data from the INAIL provided by the Government, 60 per cent of women workers victims of violence and assault are health care or assistance providers. They are followed at a lower rate by teachers and education and training specialists, postal workers, and cleaners and workers providing security and housekeeping services. Concerning domestic workers, the Committee notes that the National Collective Labour Agreement on the regulation of the domestic work relationship (the 2020 CCNL), signed on 8 September 2020, makes a reference to violence and harassment, including sexual harassment, and states that the Parties to the Agreement will take actions to tackle such conducts, be they directed against the worker, the employer or members of his/her family. The Committee welcomes these efforts and requests the Government to provide information on the measures taken to identify, in consultation with the employers’ and workers’ organizations concerned and through other means, other sectors, occupations and work arrangements that may be more exposed to all forms of violence and harassment, including gender-based violence and harassment and going beyond sectors that show a female-dominated workforce, and the measures to protect effectively the workers and other persons concerned. The Committee also refers to its comments under the Domestic Workers Convention, 2011 (No. 189).

Article 9. Responsibilities of employers. The Committee notes the Government’s indication that: (1) section 2087 of the Civil Code requires employers to take such measures in the exercise of the undertaking as are necessary, according to the particular nature of the work, experience and technique, to protect the physical integrity and moral personality of the employees; and (2) section 26(3) ter of the Code of Equal Opportunities provides that, pursuant to section 2087 of the Civil Code, employers are required to ensure working conditions that guarantee the physical and moral integrity and dignity of workers, also by agreeing with workers' trade unions on the initiatives of an informative and training nature that are more appropriate for the purpose of preventing sexual harassment in the workplace. The Committee also notes that section 286 quater CSHL provides the employer’s obligation to guarantee the health and safety of workers in all aspects related to their professional life, including psychosocial and work organization factors.

Article 9(a). Workplace policy. The Committee notes the Government’s indication that: (1) Legislative Decree No 165 of 30 March 2001 setting out ‘General rules on working arrangements in public administrations’, creates the Single Committee to Guarantee equal opportunities, the achievement of the well-being of workers and the prevention of discrimination (CUG), which is mandated to establish triennial plans for affirmative action aimed at fostering substantive equality at work between men and women, as well as conditions of well-being at work in the public administrations; and (2) many public administrations have voluntarily adopted Codes of Conduct, which often foresee the designation of a confidential counsellor (“Consigliere di fiducia”) tasked with preventing harassment in the workplace. The Committee also notes that article 50-bis of the Code of Equal Opportunities provides that collective agreements may foresee specific measures to prevent all forms of discrimination, in particular harassment and sexual harassment in the workplace, in the conditions of work and in training and professional advancement. While welcoming this information, the Committee considers that, under Article 9(a) of the Convention, laws and regulations should require that violence and harassment is addressed in workplace policies, in both the public and private sectors, such that they may be adapted to what is considered to be reasonable and practicable, and that this can be done either through already existing workplace policies (such as those related to OSH or to equality and non-discrimination) or new specific policies. The Committee therefore requests the Government to provide information on any measures taken to require, in laws and regulations, that employers take appropriate steps commensurate with their degree of control to prevent violence and harassment in workplace policies (either those already foreseen in legislation or new ones), and that these are adopted and implemented in consultation with workers and their representatives. The Committee also requests the Governmentto provide, if possible, examples of the specific measuresadopted in the framework of the triennial plans developed by the CUGs in the public administrations to prevent violence and harassment.

Article 9(b) and (c). Occupational safety and health management, including in relation to hazards and risks of violence and harassment. The Committee notes the Government’s indication that the CSHL establishes the employers’ obligation to assess, in consultation with workers’ safety representatives, “all risks” to the safety and health of workers including, among others, risks related to work-related stress, to gender differences, age, and origin from other countries, and to the specific type of contract through which the work is performed (sections 15 and 28), and that this encompasses harassment, in all its forms, in the assessment of psycho-social risk factors at work. The Government also informs that the INAIL developed a methodology for the assessment and management of risks of work-related stress, and made it available online to companies to identify possible critical factors related to the content (workload, working hours, task planning) and context (role, decision-making autonomy, interpersonal relationships) of work, including a reference to moral and sexual harassment as critical indicators. The Committee further notes that sections 2 and 3 of the CSHL exclude several sectors from its application. The Committee requests the Government to indicate whether there are any other provisions in national laws and regulations that explicitly require employers to: (i)take into account violence and harassment and associated psychosocial risks (other than in relation to work-related stress) in the management of occupational safety and health; and (ii) identify, with the participation of workers and their representatives, hazards and assess risks of violence and harassment, and take measures to prevent and control them. The Committee also asks the Government to indicate the provisions applicable to the sectors excluded from the CSHL for the consideration of violence and harassment in the management of occupational safety and health.

Article 9(d) Information and training. The Committee notes the employers’ obligations of information and training enshrined in sections 36 and 37 of the CSHL. It notes with interest the explicit requirement that information and training shall be easily understandable and appropriate, also in terms of the language skills of the workers who receive them, with an express reference to immigrant workers. The Committee requests the Government to provide information on the application of sections 36 and 37 of the CSHL in relation to information and training on violence and harassment in the world of work. It also asks the Government to indicate the measures taken to ensure that such information and training is provided, where appropriate, in accessible formats for persons with disabilities.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes the reference made by the Government to various bodies charged with monitoring the application of the relevant legislation, including the National Labour Inspectorate (INL), the Permanent Advisory Commission on Health and Safety at Work, the National Committee for the implementation of the principles of equal treatment and equal opportunities for men and women workers, the network of Equality Advisers, the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) and the CUGs. It notes the Government’s indication that these bodies cooperate with each other and, in particular, that the INL and the Equality Advisers have a memorandum of understanding to detect violations of equal opportunities and anti-discrimination legislation, including discrimination-based harassment, to train their personnel, and to carry out research. The Committee also notes that the INL can order the suspension of the employer’s activity in case of non-compliance with the legislation on health and safety at work and can prescribe the adoption of the necessary corrective measures (section 14 of the CSHL). The Government furthermore informs that when labour inspectors ascertain violent conducts or harassment in the workplace, they liaise with the Public Prosecutor's Office. It also points at several institutions that collect data on gender-based violence and harassment, including INAIL’s portal on violence against women, the National Institute of Statistics (ISTAT) and the National Information System for Prevention in the Workplace (SINP). The Committee requests the Government to provide information on: (i) the number of cases of violence and harassment in the world of work brought to the attention of the labour inspectorate, the Equality Adviser, the INAIL and the other competent authorities, as well as the sanctions imposed and remedies granted; and (ii) the measures taken to gather statistics on violence and harassment in the world of work beyond those that are gender-based.The Committee also refers to its comments under the Labour Inspection Convention, 1947 (No. 81).

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the information provided by the Government that: (1) procedures internal to the workplace are mainly established in collective agreements and codes of conduct, and they often include a formal and an informal procedure; (2) in the context of the public administration, the CUGs counsellors are competent to assist in cases of harassment, have verification tasks and can report cases to the corresponding external bodies; (3) external mechanisms for mediation and arbitration procedures are available, as well as a settlement procedure for cases of gender-based violence and harassment led by the Equality Adviser; (4) recourse to civil, penal and administrative courts and tribunals is possible, with a fast-track procedure (“red code”) in cases of gender-based violence; (5) special protection and precautionary measures can be invoked for cases of violence and harassment; (6) there are provisions to protect victims against retaliation and victimization in case of discrimination-based harassment, including by granting a declaration of nullity of any retaliation measures adopted, as well as the shift of the burden of proof in cases of discrimination-based harassment; and (7) legal, health and social services are available, particularly for victims of discrimination-based violence and harassment, with a special attention to victims of gender-based violence. The Committee asks the Government to provide information on any other measures envisaged to: (i) ensure that the procedures and mechanisms are safe (for instance, by granting protection against reprisals to witnesses and whistleblowers, particularly in cases of violence and harassment that are not based on discrimination grounds; and (ii) ensure that procedures are effective (such as, for instance, the support services available for victims of violence and harassment that is not discrimination-based. The Committee also refers to its comments on the application of Convention No.111 as regards information pointing to under-reporting of cases of sexual harassment.

Easy access to appropriate and effective remedies. The Committee notes the information provided by the Government concerning the remedies available, including compensation, considering null and void acts committed against victims of discriminatory conduct, including harassment, reinstatement in the post, and covering injury to mental or physical integrity due to effects and the consequences of violence and harassment experienced at work within the occupational illness insurance schemes. The Committee requests the Government to provide information on examples of the remedies granted to the victims in specific cases of violence and harassment in the world of work (for instance, in dispute settlements or judicial decisions).

Article 10(c). Protection of privacy and confidentiality. The Committee notes the Government’s indication that: (1) Act No. 179 of 15 November 2017 provides for the protection of the identity of employees reporting offences or irregularities in the context of a public or private employment relationship; and (2) Legislative Decree No. 24 of 10 March 2023 (implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and national law), provides for the protection of the identity of whistle-blowers reporting a violation of national laws. The Committee requests the Government to provide information on the provisions available to protect the privacy of other individuals involved, including victims and alleged perpetrators, and to ensure confidentiality.

Article 10(d). Sanctions. The Committee notes the Government’s reference to: (1) criminal sanctions for specific offences that can constitute violence and harassment; (2) administrative sanctions under anti-discrimination law, with fines between €250 and €1500 (article 41(2) Code of Equal Opportunities); (3) provisions according to which a ruling confirming the discriminatory harassment shall be reported to the public administration, who can revoke financial, credit or contractual benefits awarded to the perpetrator, or exclude them from future benefits for two years; and (4) the possibility for the relevant court to require the publication of the judicial decision in a national daily newspaper in cases of discrimination-based harassment. The Committee requests the Government to provide information, if possible, on examples of sanctions that have been imposed in administrative or judicial decisions for cases of violence and harassment in the world of work.

Article 10(f). Domestic violence. The Government refers to section 24 of Legislative Decree No. 80 of 15 June 2015, which provides for a paid leave in favour of women victims of gender-based violence for up to 90 working days, to be taken within a three-year period, for the purposes of completing a certified protection pathway. The Committee notes that this provision covers female employees in the public and private sector and female workers who are dependent self-employed. The Government also informs that, in the public sector, the CUGs in public administrations undertake awareness-raising activities on the prevention and recognition of risk behaviours and share information about the free helpline and crisis centres available. Welcoming the measures taken, the Committee requests the Government to: (i) provide information on any further measure to mitigate the effects of domestic violence in the world of work (such as flexible work arrangements, temporary protection against dismissal or the inclusion of domestic violence in risk-assessments), particularly for those workers who are not in a “certified protection pathway” and men victims of domestic violence; and (ii) provide information on any relevant awareness-raising or other initiative undertaken in the private sector.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Committee notes that section 44 of the CSHL provides for the worker’s right to leave the workplace or a dangerous area in the event of a serious and immediate danger and that, where the hierarchical superior cannot be contacted, workers must take measures to avoid the consequences of that danger and must not suffer prejudice for such action, unless they commit gross negligence. The Committee requests the Government to indicate if the right foreseen in section 44 of the CSHL covers cases where there is a reasonable justification to believe that there is an imminent and serious danger to life, health or safety due to violence and harassment.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the Government’s reference to the Triennial Plan to Address Labour Exploitation in Agriculture and Gangmastering (“caporalato”) 2020–2022, which encompasses the implementation of a gender perspective that takes into account, among others, the prevention and elimination of violence and harassment in the world of work, referring, for instance, to training activities on the prevention of violence and harassment to facilitate interventions and reporting where labour exploitation is aggravated by such situations. The Government also informs that a new project has been set up – A.L.T. Caporalato D.U.E. – to cover the whole country and all production sectors. In this regard, the Committee also refers to its comments under the Forced Labour Convention, 1930 (No. 29) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee further notes the Government’s reference throughout its report to, among other things, legislative measures on occupational safety and health and the introduction of new crimes in the Penal Code. The Government also informs about the National Strategic Plan on Male Violence against Women 2021–2023, which contemplates actions aimed at promoting empowerment, financial autonomy, a gender approach in labour policies in favour of all women, as a means of preventing and combating male economic violence and harassment in the workplace (priority 1.3). In this regard, the Committee notes the observations by CISL, CGIL and UIL that more public resources and structural investments are needed to produce a cultural change, to be centred on the concept of ‘respect’, ‘consent’ and a correct representation of the female figure and role, starting from early childhood and reaching the top management of both public and private systems. The Committee notes the Government’s indication that the National Strategic Plan on Male Violence against Women is linked to, both, the National Strategy on Gender Equality and the National Recovery and Resilience Plan, and refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) on those and other equality and non-discrimination policies. The Committee requests the Government to continue to provide information on the inclusion of measures to prevent and address violence and harassment in relevant policies, such as those concerning migration, occupational safety and health, and equality and non-discrimination, and the results achieved.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that various monitoring bodies, including the Equality Advisers, the CUGS, UNAR and the National Observatory on the Safety of Health and Social Workers, have been conferred by law the task of disseminating relevant knowledge and good practices, raising awareness of the public in general, and of workers, employers and their organizations more particularly, as well as of designing and promoting training courses to ensure safety and health of workers, eliminate discrimination and promote equality of treatment and opportunities, which cover violence and harassment in the world of work to varying degrees. The Committee also notes the information provided by the Government on various initiatives undertaken by the INAIL to disseminate information on occupational safety and health that covered violence and harassment, which targeted all those involved in prevention in the workplace, namely employers, managers and supervisors, workers’ health and safety representatives, managers and members of health and safety departments, and competent doctors. The Government also refers to activities undertaken by the INL on topics such as prevention of violence and harassment, including sexual harassment, and bullying, protection of particularly vulnerable people, illegal recruitment and human trafficking, which were directed at employers’ associations, trade unions, and employment consultants, among others. The Committee requests the Government to: (i) continue to provide information on guidelines, training tools and awareness-raising campaigns undertaken on violence and harassment in the world of work, including those specifically addressed to enforcement authorities; (ii) indicate if these are provided in accessible formats, where appropriate (for instance, vis-à-vis migrant workers residing in the country and workers with disabilities).