Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Protection for workers employed by private employment agencies. The Committee notes the Government’s report received in November 2013 which includes general remarks on the operation of the public employment service and private employment agencies. The Government indicates that, since its previous report in November 2010, a large number of private employment agencies, especially smaller agencies, have ceased their activities due to, inter alia, an increase in the usage of computer databases to search for jobs and the loss of importance of labour mediation services. With regard to the cooperation between the public employment service and private employment agencies (Article 13 of the Convention), the Government states that scenarios of a possible cooperation between public and private services still remain uncertain in light of regulatory changes, such as the greater liberalization of the labour market. This is particularly the case for temporary work agencies. The Government adds that public authorities can regulate the activities of private employment agencies through the public offering of the same services, thus setting high quality standards. The coexistence of public and private agencies has many positive effects but could also have negative ones; the necessity of the public employment service to compete with private employment agencies may reduce the attention paid to the most vulnerable persons searching for employment. The Government indicates that the most important issue is that authorities are able to monitor and evaluate the results; and if this does not occur, private agencies will be selecting jobseekers that are easier to place in order to minimize their costs and maximize their output, and not those of society as a whole. The potential synergy between the public employment service and private employment agencies is to improve the functions in the following areas: placement, payment of subsidies and implementation of employment policy measures. With regard to the Committee’s previous request under Articles 11 and 12 of the Convention, the Government indicates that data was not available at the time of reporting and that information would be provided as soon as it becomes available. The Committee recalls the matters raised by the Italian General Confederation of Labour (CGIL), referred to in the previous observation, which reflect concern that fair treatment for agency workers is not ensured with regard to their working and employment conditions. The Committee refers to its 2011 observation and requests the Government to provide a report indicating how adopted measures have ensured adequate protection for workers in temporary work agencies working for user enterprises (Articles 11 and 12 of the Convention). It also requests the Government to provide information demonstrating that the views of the social partners have been taken into account concerning the measures taken to promote cooperation between the public employment service and private employment agencies (Article 13). Please also indicate the number of workers covered by the measures giving effect to the Convention (specifying the type and duration of their employment arrangements), and the number and nature of infringements reported in relation to the activities of private employment agencies (Articles 10 and 14 and Part V of the report form).