Texts of pending comments

Article 6 of the Convention. Facilities to be afforded to public employees’ organizations. The Committee notes the observations of the Italian Union of Labour (UIL) transmitted with the Government’s report concerning the impact of Legislative Decree No. 90/2014 on the representation of public sector workers, which reduces by half the various hour allowances available to union representatives. The Committee notes the Government’s reply in this regard emphasizing, firstly, the imperatives of balancing the budget for the 2014 reform and, secondly, the ample opportunities still in place for the organizations of public employees and their representatives.

Article 7. Procedures for determining terms and conditions of employment. Collective bargaining. The Committee also notes the joint observations of the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL) and the UIL, received on 11 and 15 October 2021 regarding the Convention, as well as the application in the public sector of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes in this regard that the union confederations: (i) express their agreement with the content of the reports presented by the Government concerning the application of the above Conventions; (ii) note the importance of the Agreement for innovation in public employment and social cohesion, signed by the Government and the trade union organizations on 10 March 2021; and (iii) emphasize that the collective bargaining system in the public sector is regularly threatened by legislative proposals intended to restrict the independence of the partners. While noting with interest the developed nature of the collective bargaining system in the public administration described by the Government, the Committee requests it to continue to provide information on this subject in the light of the above-mentioned observations of the trade union confederations.

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).

Part I. Migration in abusive conditions. Articles 2–7 of the Convention. Multilateral and bilateral cooperation. In its previous observation, the Committee noted the complex and global nature of the phenomenon of irregular migration as well as the efforts deployed by the Government to find solutions to address migration in abusive conditions, and requested it to continue to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, multilateral and regional cooperation to address the issue of irregular migration with full respect to migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants. The Committee also asked the Government to provide information on any developments in this regard as well as on all the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. The Committee notes the information provided by the Government in its report about the Italian Agency for Development Cooperation (AICS) – established by Law No. 125 of 2014 – which is in charge of actions focused on migration and development, including research aimed at identifying the most suitable approaches to ensure safe, orderly and regular migration; and programmes and projects directed at ensuring a safe, orderly and regular migration. In this framework, in 2017, the AICS published a report on “Sustainable migration: Interventions in the country of origin” laying down a number of policy interventions to combat migration in abusive conditions, ranging from active labour policies, education, professional training and investments in the countries of origin, to “preparatory” programmes for migrants workers and policies for circular migration, among others. The Committee further notes the Government’s indication that the work of AICS also involves organizations and associations of migrants in Italy. In addition, the Government informs that it has contributed to the design of the European Union’s (EU) External Investment Plan (EIP) that provides the framework for investments in Africa and in the neighbouring countries of the EU with a view to promoting sustainable interventions to tackle some of the root causes of migration. Concerning international cooperation, the Committee also notes that the Government provides detailed information on the range of agreements signed, as of April 2017, to address the issue of irregular migration and regulate repatriation, including bilateral agreements with European and non-European countries, such as Algeria, Egypt and Nigeria, among others, and memoranda of understanding with several countries, encompassing, for example, Gambia, Ghana, Malta, Niger, Senegal, and Sudan. The Committee further notes from the website of the Government that in 2017 a Memorandum of Understanding was reached with the Government of Libya on “cooperation in the fields of development, the fight against illegal immigration, human trafficking and smuggling and on reinforcing the security of borders between the State of Libya and the Italian Republic”, which has been criticized by various actors for its impact on the human rights of migrants, including more recently by the Commissioner for Human Rights of the Council of Europe (CoE) who asked for the suspension of the cooperation activities in place with the Libyan Coast Guard that impact, directly or indirectly, on the return of persons intercepted at sea to Libya until clear guarantees of human rights compliance are in place (statement of 30 January 2020) and asked all CoE Member States to urgently review their cooperation activities (Recommendation on bridging the protection gap for refugees and migrants in the Mediterranean, June 2019).

As regards the measures adopted at national level to ensure respect of the human rights of all migrant workers, the Committee notes the information provided by the Government on a number of legislative measures adopted, including: the increase by 20 per cent of the sanctions against the employer of a migrant worker who lacks the permit of residence or whose permit is expired, introduced by Legislative Decree No. 151 of 2015 amending section 22 of Legislative Decree No. 286 of 1998 (Consolidated Immigration Law); and the measures directed at combating labour exploitation in agriculture, adopted with Law No. 199 of 2016. In this respect, the Committee notes, in particular, the protocols signed between various ministries and public authorities to tackle the illegal intermediation of labour and the exploitation of agricultural workers “caporalato” in collaboration with trade unions, civil society organizations and the organizations of agricultural businesses. On the other hand, the Committee notes that the Government provides information about the difficulties faced in combating the trafficking of migrants, especially when this happens via the sea, due to the strategies adopted by the responsible criminal organizations to elude the jurisdiction of destination countries. The Committee also notes the Government’s indication that the difficulties have been exacerbated further in recent times because smugglers now select, from the trafficked persons, young persons who have fishing experience or can speak English and leave to them the conduct of the boats beyond the territorial waters of the country of origin.

Acknowledging the efforts of the Government and emphasizing the continuing need for multilateral cooperation and cohesive action, particularly at European level, to address, in a comprehensive and effective manner, migration in abusive conditions, the Committee requests the Government to continue to take measures to promote cooperation at various levels to address irregular migration with full respect of migrant workers’ human rights. The Committee also requests the Government to provide information in this respect, including on any progress made in overcoming the difficulties currently faced in counteracting the trafficking of migrants and prosecuting the authors. The Committee also asks the Government to provide information on the actions taken by the AICS to ensure safe, orderly and regular migration and to continue to supply information on the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. It further encourages the Government to review its Memorandum of Understanding of 2017 with Libya with a view to ensuring respect for the human rights of all migrant workers.

Articles 1 and 9. Minimum standards of protection. Access to justice. The Committee recalls that in its previous observation it underlined that access to justice, including adequate access to assistance and advice, is a basic human right which must be guaranteed to all migrant workers in law and in practice and highlighted the importance of providing for effective and speedy legal procedures. In this regard, the Committee requested the Government : (1) to indicate the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012 – which contemplates the issuance of a six-month residence permit on humanitarian grounds for those third country nationals who in cases of “particularly exploitative working conditions”, lodge complaints or cooperate in criminal proceedings against employers, at the initiative or with the favourable opinion of the courts; (2) to provide information on how it is ensured in practice that all migrant workers in an irregular situation can seek redress from the courts with respect to violation of their rights arising out of past employment including non-payment or under-payment of wages, social security and other benefits; (3) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (4) to provide information on the manner in which adequate legal defence for migrant workers in an irregular situation is ensured, including in detention centres; and (5) to continue to provide information on inspections carried out in the construction and agriculture as well as other sectors to detect illegal employment of migrants and the results achieved.

Concerning the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012, the Committee notes the Government’s indication that Law No. 132 of 2018 abrogated the temporary residence permit on humanitarian grounds, which was provided for by Legislative Decree No. 109/2012. The Government however informs that section 22 of the Consolidated Immigration Law, as amended by Law No. 132 of 2018, still stipulates that the foreign worker who lodges a complaint against his or her employer alleging “particularly exploitative working conditions” and cooperates in the related criminal proceeding, can be issued a special residence permit of the duration of six months, subject to the favourable opinion of the Public Prosecutor. Pursuant to section 22(12)(6) of the Consolidated Immigration Law, such special permit allows the possibility of taking up a job and can be converted, after its expiry, into a residence permit allowing wage-employment or self-employment. Concerning the notion of “particularly exploitative working conditions”, the Government refers to article 603bis of the Criminal Code, as amended by Law No. 199 of 2016, which defines the crime of illegal intermediation of labour and labour exploitation. The Committee notes that, according to this article, the existence of labour exploitation is presumed in presence of one of more of the following conditions: (1) reiterated payment of remunerations that do not correspond with what is established in the national or territorial collective agreements signed by the most representative workers’ organizations at national level, or that is not proportionate to the quantity and quality of the work performed; (2) reiterated violation of the norms regulating working time, rest periods and annual holidays; (3) breach of the norms governing occupational safety and health; and (4) subjecting the worker to working conditions, surveillance methods and housing conditions that are degrading. As regards migrant workers’ access to justice in practice, the Committee notes the Government’s indication that migrant workers who allege the non-payment or under-payment of wages, social security and other benefits are entitled to seek redress from the courts under article 2126 of the Civil Code, which provides for the payment of remuneration for the period in which the work has been performed as well as the payment of social security contributions on the part of the employer. The Government indicates that the complaint can be filed either by the concerned migrant worker or by a trade union or other association and explains that migrant workers in irregular situation can also denounce the situation before labour inspectors and the local offices of the national social security service. Furthermore, the Government indicates that on 10 February 2017 the Ministry of Interior and the Ministry of Labour and Social Policies adopted a joint decree defining the terms and modalities to ensure that illegally employed migrant workers have access to information concerning their rights and how to claim them, before the execution of any expulsion order, in accordance with European Directive 2009/52/CE. Based on this decree, an “information note” has been developed, containing information about the rights to remuneration and social security benefits as well as on the different avenues to claim these rights. The Committee notes the Government’s indication that this note is distributed to the workers by employers’ and workers’ organizations and by labour inspectors. The Committee also notes from the “information note” annexed to the Government’s report that such note is to be signed by the worker, to whom one copy of the document is given, while another copy is sent to the Immigration Office in charge of repatriation procedures. The Committee, however, notes that there is no indication as to the languages in which this note is available. It also notes that the information note does not provide information on the possibility that migrant workers have of obtaining a special resident permit in case of “particularly exploitative working conditions” under article 22 of the Consolidated Immigration Law. As far as the results of labour inspections are concerned, the Committee notes the information provided by the Government based on the data gathered by the National Labour Inspectorate in 2016. The Committee notes that the labour inspectors found 1,357 non-EU migrant workers in irregular situations, particularly in the industry and manufacturing sectors followed by the tertiary sector. The Committee further notes from the 2018 report of the Labour Inspectorate, available on its website, the specific information concerning the detection of illegal intermediation of labour and labour exploitation of workers, including migrant workers. In particular, the Committee notes that, in 2018, 7,160 inspections were undertaken in the agriculture sector, which found irregular situations in more than 50 per cent of cases. Of the 5,114 workers in irregular situations identified, 65.5 per cent did not have a contract and of these 263 were non-EU migrant workers without a residence permit. The Committee notes that, in total, the labour inspectorate identified 478 migrant workers as victims of exploitation, of whom 350 were in the agriculture sector, and 157 migrant workers without residence permits were equally victims of exploitation (130 in agriculture). Finally, the Committee notes that, in its concluding observations of 2017, the United Nations Human Rights Committee expressed concern at the absence of clear and effective procedures allowing migrant workers to complain about abusive working conditions, including in relation to outstanding pay (CCPR/C/ITA/CO/6, 1 May 2017, paragraph 28(d)). In light of all the above, the Committee requests the Government : (i) to indicate how it is ensured in practice that all migrant workers in irregular situations have access to complete information about their labour rights and the means of redress available, with appropriate safeguards for confidentiality, including the possibility of obtaining a “special residence permit”, in a language understandable to them, as well as to legal assistance, also in detention centres, including any measures adopted in this respect in collaboration with the social partners; (ii) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (iii) to provide information on the number of complaints lodged by migrant workers alleging “particularly exploitative working conditions” (such as for example non-payment or under-payment of wages, social security and other benefits) brought to the attention of the labour inspectors and the results thereof (violations found, penalties imposed, repayment amounts ordered); and (iv) to provide information on the number of special permits granted under section 22(12)(6) of the Consolidated Immigration Law.

The Committee is raising other matters in a request addressed directly to the Government.

Part I. Migration in abusive conditions. Articles 2–6 of the Convention. Manpower trafficking. In its previous comments, the Committee asked the Government to continue to provide information on the measures taken to detect and suppress human trafficking and to prosecute those responsible for human trafficking from whatever the country from which they operate. It also asked the Government for information on the impact of the measures taken to address irregular migration flows as well as on the prosecution and punishment of those responsible for organizing irregular migration. The Committee notes the Government’s reference in its report to the National Action Plan against human trafficking and serious exploitation, which was adopted in 2016 and sets out strategies to prevent and address trafficking as well as to sensitize on these issues and reach out to the victims, envisaging, among others, measures to ensure that victims have information about the services for free legal assistance and psychological support that are available to them. The Committee also notes the Government’s indication that in the same year a coordinating committee was established, bringing together various ministries and national and local institutions, with a view to overseeing the implementation of the Plan. The Committee also notes the other measures to which it has referred in its observation. Finally, it further refers the Government to its comments under the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to continue to supply information on the measures taken to combat manpower trafficking and to prosecute those responsible for it. It also encourages the Government to undertake periodic assessments of the actions taken and to provide information on the results obtained.

Articles 8 and 9. Expulsion. In its previous comments, the Committee requested the Government to indicate the number of workers who have contested an expulsion order which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case, and to provide information on any refusal and the reasons for such refusal. The Committee notes the information provided by the Government concerning the number of expulsions executed and those suspended, disaggregated by nationality. The Committee recalls that, in the past, the Government explained that appeals to the ordinary courts against decisions ordering expulsions do not suspend the effectiveness of the decision, but that the applicant is still entitled, simultaneously with the appeal to the court, to request provisional suspension of the execution of the decision. In such a case, the court is required to assess the matter and grant a suspension of the order when there are well-founded reasons for considering that its execution may cause serious and unjust harm to the applicant. The Committee asks again the Government to provide information on the number of cases where the suspension of the expulsion order has been refused and the reasons for such refusal. Please also continue to provide information on the number of workers who have contested an expulsion order, which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case.

Article 9(4). Regularization. In its previous comments, the Committee requested the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under section 5 of Legislative Decree No. 109/2012, which provided the possibility for employers who had illegally employed for at least three months, third-country nationals staying in Italy from at least 31 December 2011, to declare the employment relationship to the one-stop-shop for immigration (so called “voluntary disclosure”). The Committee also requested the Government to indicate if similar procedures of regularization have been adopted or are envisaged in the near future. The Committee notes the Government’s indication that, following the regularization procedure provided for by Legislative Decree No. 109/2012, 134,775 workers were regularized, of which 35,877 were women. The Committee notes that, in the case of both men and women, the vast majority of the workers regularized were engaged in domestic work, followed, for men, by the agriculture and construction sectors, and for women, by trade and hotel and restaurant sectors. The Government also informs that no other similar procedures of regularization are envisaged at the moment. However, the Committee notes that in May 2020, the Government announced the regularization of the status of migrant farm workers - a measure responding to the COVID-19 pandemic, to prevent the spread of the virus in the settlements where many migrant workers live but also the labour shortage. According to article 110-bis of the Legislative Decree No.34 (published on 19 May 2020) dubbed ‘The Relaunch Decree: migrants who have previously worked in the agriculture, fishing, care and domestic work sectors can ask to regularize their status through two different procedures: (1) in the first track, third-country nationals who have been in Italian territory without a valid residence permit since October 2019 can apply for a six-month residence permit to look for a job; and (2) in the second track, employers will be able to apply to regularize their foreign and Italian workers without a regular contract by putting in place proper employment contracts. The Committee asks the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under this new Legislative Decree.

Part II. Equality of Opportunity and Treatment. Articles 10 and 12. National policy on equality of opportunity and treatment of migrant workers. In its previous observation, the Committee asked the Government to continue to provide information on developments with respect to the national policy on equality of opportunity and treatment of migrant workers, including cooperation with employers’ and workers’ organizations. The Committee also requested the Government to indicate the impact of the action taken to implement the national policy including the multi-annual programme 2007–13, and any obstacles encountered. It further asked the Government to provide specific information on the measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest. The Committee notes the information provided by the Government on various initiatives aimed at the integration of migrant workers which were conducted by the territorial authorities and encompass: the organization of education services in a multicultural context; access to public services and initiatives to labour integration. In this regard, the Committee notes in particular the information provided by the Government concerning the programmes INSIDE and PERCORSI which are intended to promote the insertion of foreigner workers and foreign youth in the labour market through targeted professional training and partnerships with main actors in the labour market. The Committee also notes the Government’s indication that in 2019 the programme “PUOI”, was launched to follow-up on the achievements and activities of the programme INSIDE, envisaging 4,500 actions for labour and social integration targeting vulnerable segments of the regular migrants’ population. The Committee however notes that the Government does not provide information on the specific measures adopted to address the remuneration gap between national and migrant workers.

The Committee notes from the half-yearly note on “The foreigners’ labour market in Italy”, published in January 2020 and available on the website of the Ministry of Labour and Social Policies, that, from the second quarter of 2018 to the second quarter of 2019, there was: (1) an increase in the number of non-EU foreigners in employment, especially in real estate, business and other services, as well as transport and warehousing; (2) a boom in EU nationals employed in Financial and Insurance Activities and in Transport and Warehousing; (3) a dramatic decrease of foreign workers in Information and Communication Services; and (4) a notable decrease of non-EU workers in agriculture, hunting and fishing and education, healthcare and other social services and a decrease in EU workers in commerce and in the construction industry. The Committee also notes from the IX Report on “The foreigners’ labour market in Italy” of 2019 that “While on the one hand Italy is among the few OECD countries where immigrants have a higher employment rate than native-born Italians, on the other, job quality is often quite low. A higher rate of poverty among immigrants is a problem in most OECD countries, and even more so in Italy” (p. 42). The Committee requests the Government to continue to provide information on the implementation of the national policy on equality of opportunity and treatment of migrant workers, including in particular information on its impact on ensuring equality of opportunity and treatment for migrant workers in respect of access to employment and occupation, conditions of work, notably hours of work, rest periods, annual holidays with pay, occupational safety and health measures, equal remuneration for work of equal value, and social security and membership of trade unions, and any obstacles encountered. The Committee also reiterates is request for information on the specific measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest.

National Office against Racial Discrimination (UNAR). In its previous comments, the Committee requested the Government: (1) to take the necessary measures to ensure that the National Office against Racial Discrimination (UNAR) has full economic and human resources to be able to carry out its activities adequately; (2) to continue to provide information on the measures adopted by UNAR with respect to the prevention of discrimination against migrant workers, the promotion of equality of opportunity and treatment and awareness-raising campaigns and their concrete impact; (3) to provide information on the results of the complaints submitted by migrant workers to UNAR; (4) to provide information on the outcome of the national survey on discrimination by ethnicity, sexual orientation, gender and immigration; and (5) to take the necessary measures to increase migrant workers’ awareness of job opportunities available through the employment centre, given that, according to the Annual Report on Migrants in the Italian Labour Market by the Ministry of Labour and Social Policies, the unemployment rate of migrant workers has increased exponentially during the last years due to the economic crisis. The Committee notes the Government’s indication that UNAR receives approximately €2,035,357.00 yearly to carry out its activities. Concerning UNAR’s work to prevent discrimination and promote equality of opportunity and treatment for migrant workers, the Government informs that, according to UNAR’s findings, the majority of cases of discrimination on the basis of race and ethnic origin at work concerned access to public employment. As regards private employment, the cases brought to UNAR’s attention referred to discriminatory working conditions of migrant workers who, according to the complaints received, are often given the heaviest tasks and are subjected to the least convenient working times. Finally, some migrant workers complained about harassment by colleagues and supervisors, and discriminatory dismissals. The Committee notes that, when it receives information about these cases of discrimination, UNAR, with the consent of the worker concerned, often mediate directly with the employer to address the case or seek the cooperation of the trade unions. The Committee also notes from the latest report by UNAR, available on its website, that in 2018, of the 2,864 cases of discrimination on the basis of race and ethnic origin examined (representing 70.4 per cent of the total), 658 were motivated by the fact that the victim was perceived as a “foreigner”. It also notes that 10 per cent of the cases brought to the attention of UNAR concerned discrimination based on religious grounds. Only a minority of all these cases concerned the workplace. The Committee requests the Government to continue to provide information on the activities conducted by UNAR with view to promoting equality of opportunity and treatment for migrant workers and on the number of cases of discrimination brought to its attention by migrant workers and their outcome. Please also inform on any developments concerning the undertaking of a national survey on discrimination by ethnicity, sexual orientation, gender and immigration, which was mentioned in the past. The Committee further reiterates its request for information on any measures adopted to increase migrant workers’ awareness of the job opportunities available through the employment centre.

Social security. Survivor’s benefits. The Committee notes from the website of the National Institute for Social Security (INPS) that, in the event that a migrant worker who has returned to his/her country of origin dies after the age of 66, survivors’ benefits are recognized in accordance with the same conditions applying to nationals. The Committee asks the Government to indicate the regime applying to the case of death of a migrant worker, who has returned to his or her country of origin, before his/her retirement age and to provide information on any bilateral or multilateral agreement adopted to ensure equal treatment in respect of survivor’s benefits for regular migrant workers.

Integration agreements. In its previous comments, the Committee referred to Decree No. 179 of 14 September 2011 regulating the “integration agreements”, which are concluded between third country nationals entering the territory for the first time and the State. Pursuant to these agreements, the State undertakes to support the integration of foreign nationals offering free language and civic training and information sessions to foreigners who, in turn, undertake to respect all duties set out in the Charter of Values of Citizenship and Integration of 2007 and to obtain a certain amount of credits over a period of two years. The agreement can be obtained through One-Stop-Shops at the Prefecture of Police Headquarters. In this regard, the Committee requested the Government : (1) to indicate how it is ensured that the one-stop-shops have the necessary physical, human and financial resources to carry out their duties concerning the implementation of the integration agreements and to indicate any obstacles encountered; (2) to provide statistical information on the number of integration agreements concluded, the number of cases of non-compliance of the agreements and the consequent cancellations of residence permits and the reasons put forward for such cancellations; and (3) to provide information on any administrative and judicial actions filed concerning the implementation of the integration agreements. The Committee notes the information provided by the Government on the number of integration agreements concluded as of 27 March 2017. It notes that two agreements were suspended; 15 reported as not complied with; 7,377 as only partially complied with; and 4,674 as fully complied. The Committee asks the Government: (i) to continue to provide information on the number of integration agreements concluded and the number of cases of non-compliance of the agreements and to supply information on the consequent cancellations of residence permits and the reasons put forward for such cancellations; (ii) to provide once again information on any administrative and judicial actions filed concerning the implementation of the integration agreements; and (iii) to indicate any obstacle encountered by the one-stop-shops in carrying out their duties concerning the implementation of the integration agreements.

Comments adopted by the CEACR: Italy

Adopted by the CEACR in 2021

C151 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C097 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C143 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)