Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Italia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1952)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1981)

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

The Committee notes the observations of the Italian General Confederation of Labour (CGIL) and of the Italian Union of Labour (UIL) received on 14 November 2024 and the Government’s reply thereto.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129.Collaboration with employers and workers organizations. The Committee welcomes the Government’s indication in its report that a third meeting of the tripartite technical roundtable mandated to analyse the issues raised by the Conference Committee on the Application of Standards (Conference Committee) was held in November 2024. The Committee notes that in its observations the CGIL indicates that, despite the existence of the technical roundtable, recent legislative changes such as the legislative Decree No. 103 of 12 July 2024, which aims at simplifying the control on business activities, were adopted without consultations with trade unions. The Committee expects that tangible results will be achieved and requests the Government to provide details on the content and outcomes of those meetings, and on the consultations held with social partners within the technical roundtable.

The Government indicates that, with regard to the tripartite mechanism of consultation for the planning and implementation of inspection strategies, the legislative Decree No. 124 of 2004 provides that the Central Commission for the Coordination of Inspection Activities shall be nominated with a decree of the Ministry of Labour and Social Policies and be composed, among others, of the National Labour Inspectorate (INL), the National Social Security Institute (INPS), the Italian Workers’ Compensation Authority (INAIL) and an equal number of employers and workers representatives. The Committee requests the Government to provide information on the activities of the Central Commission for the Coordination of Inspection Activities, including frequency and outcomes of its meetings.

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 in relation to immigration. Data on foreign workers without a residence permit and actions undertaken by labour inspectors. In reply to the Committee’s previous comment, the Government indicates that in 2023, the INL identified 970 non-EU migrant workers without regular residence permit (1,206 in 2022). The Government also indicates that: (i) the labour inspectors ensure the compilation of a form, translated into six languages, which provides the foreign worker with information concerning the recovery of wages and social security contributions; (ii) labour inspectors are supported by cultural mediators from the International Organization for Migrations (IOM); and (iii) as of 31 December 2023, IOM assisted 930 migrant workers and 161 obtained or are in the process of obtaining residence permits as victims of labour exploitation. In their observations, the CGIL and the UIL acknowledge that collaboration with the IOM may support inspectors in identifying victims of labour exploitation. However, they caution that this approach risks delegating inspection tasks to the IOM, which cannot ensure the independence, impartiality and confidentiality fundamental to inspectors’ responsibilities. The CGIL and the UIL emphasize that priority should instead be placed on strengthening the staff and resources of the INL. The Committee requests that the Government respond to these concerns, including providing details on the nature of its collaboration with the IOM and the responsibilities delegated to or shared with this United Nations organization. The Committee further requests the Government to indicate the measures adopted in order to ensure that the independence of labour inspection is preserved.

The Committee also notes the Government’s information on the outcomes achieved by the inspection task force established under the “A.L.T. Caporalato D.U.E.” initiative, particularly concerning agricultural inspections targeting the crime of gang mastering and labour exploitation. The Government indicates that this project will run until mid-2025. In relation to the Committee’s previous comment regarding the time and resources of the labour inspectorate that are allocated to the task of verifying the legality of the immigration status in practice as a proportion of inspectors’ overall time and resources, the Government indicates that inspectors implement the entire control plan of the inspectorate, and it is not possible to distinguish the resources used by the INL according to the type of control, the nationality of the workers or the violations of which they are victims. In its observations, the UIL emphasizes that inspection activities should prioritize not only imposing sanctions on employers but also ensuring the recovery of workers’ wages, an aspect it notes is currently lacking. The Committee further notes the Government’s reference in its reply to the adoption of Decree-Law No. 145 of October 2024, which strengthens protections for foreign workers without residence permits who are victims of labour exploitation by easing the requirements for obtaining a special residence permit. The Government indicates that, by expanding opportunities for irregular migrant workers to regularize their status, the decree also aims at ensuring better access to protections mechanisms foreseen in the legislation. In its observations, the UIL welcomes these measures and notes that, if converted into law, the decree will partially address the negative effects of the continued criminalization of illegal immigration, particularly its deterrent impact on the willingness of irregular migrant workers to cooperate with labour inspectors. While noting this information, the Committee requests that the Government continue to provide information on the number of undocumented foreign workers identified by labour inspectors, as well as on the INL’s efforts to prevent and combat gang mastering and labour exploitation. In addition, the Committee requests the Government to continue to adopt the necessary measures in order to ensure that the actions of labour inspectors are aimed at the enforcement of legal provisions protecting foreign workers and their conditions of work following their detection without a residence permit, taking into account the impact on undocumented foreign workers of the law criminalizing illegal immigration. The Committee requests the Government to continue to provide information on all concrete actions adopted in this respect, including with particular regard to the agricultural sector.

Data on recovery of wages and social security credits for migrant workers in an irregular situation. The Committee notes the Government’s indication that the INL is still working on updating and strengthening its internal procedures with the aim of improving collection of data related to the recovery of wages and social security credits specific to foreign workers without a residence permit. According to the Government, these changes to the INL’s information system, which will take place in the coming months, will allow the acquisition of statistics related to the credits recovered through the existing legal procedure such as the monocratic conciliation and the certified notice of findings in relation to foreign workers without a residence permit. In this regard, the Committee notes that in its observation the CGIL indicates that according to a ministerial circular of 2008, migrant workers without residence permits cannot access the procedures for the recovery of wages. With regard to data collection, the CGIL also highlights that the unification and interoperability of databases held by public bodies responsible for labour supervision is the only effective solution to improving the guidance and coordination of labour inspection activities. In its reply, the Government notes that during the third meeting of the technical roundtable, the implementation of the databases was extensively discussed, covering both the expansion and disaggregation of the data to be collected, as well as the interconnection of existing systems. In this context, the INL provided information on the work done to create the National Undeclared Work Portal, established by Decree-Law No. 36 of 30 April 2022. The Committee requests the Government to indicate whether migrant workers without residence permits have access to the proceedings of monocratic conciliation and certified notice of findings and to provide information on the application of the ministerial circular of 2008 in this respect.The Committee further requests that the Government continue to adopt and vigorously implement concrete measures to ensure the recovery of wages and social security credits of foreign workers without a residence permit identified by labour inspectors in the course of their duties. Finally, the Committee requests the Government to provide information on the progress achieved in the updating the INLs information system with regard to the collection of data on the recovery of those credits specific to foreign workers without a residence permit.

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