Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Italie (Ratification: 1952)

Articles 2 to 5 of the Convention. Labour clauses in public contracts. The Committee notes with interest the adoption of the new Code of Public Contracts issued on 19 April 2016 by Legislative Decree No. 50/2016, transposing European Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. With regard to the adoption of measures to give effect to Articles 2(4) and 4(a)(iii) of the Convention, the Government refers to sections 50 and 95 of the new Code of Public Contracts. Section 50 provides that the public authorities may include “social clauses” in calls for tender, particularly in “labour-intensive” contracts, that is contracts in which the cost of labour is at least 50 per cent of the total value of the contract. Section 50 provides that, under the terms of these clauses, which are intended to promote the employment stability of the workers under contract, the entrepreneur should apply national sectoral collective contracts and comply with social protection and labour conditions in relation to workers. Section 95 establishes adjudication criteria to be applied for the evaluation of tenders, which the public authorities may include in the call for tenders, including criteria based on a system of bonuses, as well as criteria to ensure the lowest possible impact on the safety and health of workers and the environment. In its General Survey of 2008 concerning the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), and Recommendation (No. 84) (paragraph 125), the Committee indicated that the purpose of Article 2(4) of the Convention is to ensure that the requirements of the labour clauses in public contracts are respected and that the resulting costs are properly factored into the bid. The Committee also recalls that the measures referred to above are not optional, but are compulsory. The Committee also notes that, with regard to the enforcement of public contracts, Legislative Decree No. 90/2014 entrusts the National Anti-Corruption Authority (ANAC) with the duties, functions and power to impose penalties. This Authority is responsible for preventing corruption in the public administration in the country. The Committee requests the Government to provide detailed information on the effect given in practice to sections 50 and 95 of the Code of Public Contracts and to provide the Office with copies of calls for tender.

Article 4(a)(iii). Requirement to inform workers of their conditions of work. With reference to its previous comments, the Committee notes that the Government has not introduced new requirements intended to ensure the posting of notices at the workplace with a view to informing workers of their conditions of work. In this respect, the Government indicates that Legislative Decree No. 151/1997 requires employers to inform workers of their conditions of work within 30 days. The Committee recalls, however, that the Convention provides that the laws, regulations or other instruments giving effect to this Article of the Convention shall require the posting of notices at the workplace indicating the conditions of work applicable to persons employed under a public contract with a view to ensuring full compliance with labour clauses and protection of the rights of the workers concerned. The Committee hopes that the Government will take the necessary measures to give full effect to Article 4(a)(iii). It also requests the Government to keep the Office informed of any developments at the legislative level.

Part V of the report form. Application in practice. The Committee notes the statistical data and information provided by the Government on the number of public contracts of a value exceeding €40,000 concluded during the period between January 2015 and December 2015. It also notes the copies of model labour clauses and the extracts of reports of the labour inspection services provided by the Government. The Committee invites the Government to continue providing information, including statistics on the average number of public contracts concluded annually and the approximate number of workers engaged in their execution; sample copies of the documents for calls for tenders, labour clauses and the general conditions of public contracts; extracts from the reports of the labour inspection services containing information on cases in which payments have been withheld, public contracts cancelled or bidders excluded from all subsequent calls for tender due to breaches of labour clauses; and any other information which would enable to the Committee to assess more clearly the manner in which the Convention is applied in practice.