Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 11 and 12 of the Convention. Protection for workers employed by private employment agencies. In its previous observation, the Committee requested the Government to indicate how adopted measures have ensured adequate protection for workers in temporary work agencies working for user enterprises. The Committee also recalls in this regard the matters previously raised by the Italian General Confederation of Labour (CGIL) which reflected concern that fair treatment for agency workers was not ensured with regard to their working and employment conditions. The Government describes in its report the legislative changes that have occurred since its last report. In this regard, it indicates that Legislative Decree No. 81 of 15 June 2015 contains the current legal framework in the field of private employment agencies. In particular, reference is made to sections 35, 36 and 37 governing matters relating to the protection of temporary agency workers. The Committee notes that section 35(1) of Legislative Decree No. 81 provides that, for the duration of their assignment at a user enterprise, temporary agency workers are entitled to economic conditions that are not less favourable than employees of the user enterprise working in a similar position. With regard to freedom of association, the Committee notes that section 36(2) of Legislative Decree No. 81 provides that temporary agency workers may exercise freedom of association during their assignment at a user enterprise and may participate in trade union meetings alongside workers of the user enterprise. The said Decree also provides in its section 37(1) that social security, pension, insurance and welfare contributions are borne by the private employment agency. The Committee requests the Government to continue to provide information on the impact of the measures taken to ensure adequate protection for workers employed by private employment agencies, in accordance with Articles 11 and 12 of the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. Application of the Convention in practice. The Committee notes that, according to Legislative Decree No. 150 of 14 September 2015, the National Agency for Active Employment Policies (ANPAL) is the new authority that grants authorizations for the operation of private employment agencies. In reply to the previous comments requesting 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, the Government indicates that it carried out extensive consultations with the social partners when elaborating Legislative Decree No. 276 of 10 September 2003 establishing private employment agencies. Moreover, with regard to the request for information on the application of the Convention in practice, that is, in relation to the number of workers covered by the measures giving effect to the Convention 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), the Government indicates that, at present, the required information is not yet available. The Committee requests the Government to provide information on the measures taken to promote cooperation between the public employment service and private employment agencies and on the activities of the National Agency for Active Employment Policies in this regard. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including 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.