Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Private Employment Agencies Convention, 1997 (No. 181) - Italy (Ratification: 2000)

1. The Committee notes the useful information provided by the Government in November 2005 in reply to its previous direct request, particularly on the new rules adopted under Act No. 30 of 14 February 2003 and the Legislative Decrees of 10 September and 23 December 2003, and 5 May 2004, and the national collective labour agreement of 2 July 2004, for the distribution and services sectors (Articles 11 and 12 of the Convention).

2. The Committee notes that agencies are now allowed to place workers in employment in the agricultural sector. The Government also reports the establishment of a computerized system (the permanent national labour exchange), which should make it possible for national and regional authorities, with the assistance of private actors, to make the activities of employment services and assistance measures for underprivileged workers more effective. In June 2005, some 445 agencies were registered and had received approval from the Ministry of Labour and Social Policy. In its observations, the Italian General Confederation of Labour (CGIL) indicates that, despite the legislative changes, there are still only two private employment agencies (societá di intermediazione privata): to understand the relatively low number of private agencies in Italy it is necessary to refer, not to any rigidity in the legislation, but to the small scope of the market and the need for specific skills to ensure the credibility of private agencies on the Italian labour market. The CGIL also expresses concern with regard to the implementation at the regional level of measures to promote the employment of underprivileged workers in temporary employment. The trade union organization observes that the placement in employment of underprivileged workers should not be excluded from the activities of public employment services. The Committee requests the Government to provide more detailed information in its next report on cooperation between the national and regional employment services and private employment agencies in relation to the placement in employment of underprivileged workers. It also requests the Government to continue reporting on the manner in which the public authorities retain final authority for formulating labour market policy and for utilizing or controlling the use of public funds earmarked for the implementation of that policy (Article 13, paragraphs 1 and 2).

3. The Committee also requests the Government to continue providing information on the implementation of measures to ensure that migrant workers, either recruited or placed in employment in Italy by private agencies, enjoy adequate protection (Article 8).

4. The Committee notes the penalties which may be imposed under Legislative Decrees Nos. 276 of 10 September 2003 and 251 of 6 October 2004. It requests the Government to indicate in its next report the number and nature of the infringements reported in relation to the activities of private employment agencies (Articles 10 and 14 and Part V of the report form).