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

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Italian Confederation of Managers and Other Professionals (CIDA), communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 11 and 12 of the Convention. Protection for workers employed by private employment agencies. Application of the Convention in practice. The Committee notes the detailed information provided on the application of the Convention. It also notes Government’s assessment that the labour supply sector in Italy is internationally regarded as a recognized good practice both in terms of the protections afforded to workers and its advanced social protection system. The Government indicates that legal provisions ensure that agency workers enjoy the same rights as those afforded to other employees, with employment agencies tasked with ensuring protections. Support measure, such as maternity leave assistance and contributions towards childcare, are provided through Ebitemp, a national bilateral employer–worker organization for temporary employment. Ebitemp offers a range of assistance, including one-time or monthly hardship contributions, reimbursements and subsidies for healthcare expenses, small personal loans, and transfer grants. Support is also provided for childcare centres, maternity provisions, injury benefits, healthcare protection, favourable loans and territorial mobility. Benefits extend to spouses and dependants. With regard to training, workers engaged through employment agencies can participate in training programmes provided by the Forma.Temp Fund, pursuant to Legislative Decree No. 276/2003. Forma.Temp is the Fund for training and income support specifically for temporary agency workers, funded by contributions from employment agencies amounting to 4 per cent of the gross wages paid to agency workers. Established in 2000, the Fund is managed by representative associations of employment agencies, workers’ organizations representing temporary agency workers, and three major trade union confederations. The Agency for Active Labour Policies (ANPAL) has undertaken monitoring activities to ensure the regularity of contributions from employment agencies. All employment agency organizes are responsible for organizing free training courses for their agency workers through Forma.Temp. For example, despite challenges presented by the COVID-19 pandemic, in 2020 Forma.Temp financed more than 1.6 million hours of training, facilitated by digitalization efforts that enabled remote training for agency workers. With regard to statistical data on workers covered by measures implementing the Convention, the Government provided information on the number of workers commencing and ending temporary agency contracts. From the data provided, the Committee notes there were 12,573,000 employment relationships initiated in 2022, reflecting a 10.9 per cent increase compared to the previous year. These activations involved 7,076,000 workers. Additionally, the number of transformations from fixed-term contracts to open-ended contracts reached 716,000 in 2022, exceeding the annual total observed in the pre-pandemic period and representing a 34.8 per cent increase compared to the previous year. While welcoming the detailed statistical information provided, the Committee notes the Government’s indication that, currently, no statistical data are available concerning violations related to the activities of private employment agencies. The Committee recalls the 2023 conclusions of the Conference Committee on the Application of Standards (CAS) on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in particular those related to improving the collection of disaggregated labour inspection data, including by establishing an integrated database in coordination with the different agencies and bodies performing labour inspection duties. It also refers to its most recent comments on the application of Conventions Nos 81 and 129. The Committee asks the Government to intensify efforts to guarantee the practical enforcement of protections for agency workers, including equal treatment, social security, training, and occupational safety. It requests the Government to compile and communicate comprehensive, disaggregated data on inspections, violations, and outcomes, as well as updates on the creation of an integrated labour inspection database. Furthermore, the Committee asks the Government to report on steps taken, in consultation with social partners, to ensure improved monitoring, prompt remedy for violations, and the effective safeguarding of all agency workers’ rights under the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s indication that its priority remains the promotion of quality employment across Italy, mainly through facilitating job matching, lifelong training, and reintegration initiatives into the labour market targeted particularly at women and young people. To achieve this, efforts have been launched to modernize and strengthen public employment centres. There is also an intention to facilitate cooperation between public employment centres and private employment agencies through the development of a new platform and an integrated information system for employment. The Ministry of Labour and Social Policies emphasizes ongoing initiatives aimed at guiding, training and reshape active labour policies, with a focus on integrated labour market stakeholder engagement. These initiatives are part of a boarder strategy to improve governance overactive labour market policies and the matching of labour supply and demand. The Committee notes that, in its observations, CIDA highlights the importance of fostering complementarity between public employment services and private employment agencies, especially for categories such as managers and high-level professionals for whom traditional employment centres might not be suitable. CIDA adds that these professionals require dedicated outplacement services, and that public and private employment services must work in an integrated and complementary manner to increase employment opportunities for such workers. The Committee asks the Government to indicate the efforts undertaken to foster robust, effective cooperation between public employment services and private employment agencies, including through the development of integrated digital platforms and information systems. It requests regular, specific data on the practical outcomes and impact of these initiatives, with a focus on improving job matching, training, and reintegration for priority groups such as women, youth, managers, and high-level professionals. The Committee also calls on the Government to ensure transparent collaboration and ongoing evaluation with all labour market stakeholders, promoting complementarity and increased employment opportunities for all jobseekers.

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

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.

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

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).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Formulating labour market policy. The Committee notes the Government’s report received in November 2010, which includes comments by the Italian General Confederation of Labour (CGIL). In its 2006 observation, the Committee requested information on cooperation between the national and regional employment services and private employment agencies with regard to the placement of underprivileged workers. It also requested the Government to report on the manner in which public authorities retain final authority for formulating labour market policy. The Government indicates that in 2008, 726 private employment agencies were authorized and registered, i.e. 28 more than in 2007. Some 600 agencies performed research and selection activities and 90 were acting as temporary work agencies. Outplacement activities were performed by 20 agencies, while those acting as employment mediators were only 13. Most agencies were located in Northern regions, especially in Lombardia, while only a few operated in the South. The results of research undertaken in 2007 on the cooperation between public employment centres and other labour market operators indicate that a significant number of private employment agencies cooperated with the public employment centres between 2000 and 2007. The Government indicates that labour market services have the potential to be further developed through mutual collaboration between the public and private sectors.

The CGIL indicates that new regulations under the 2010 Finance Act expand the role played by private employment agencies. Among other measures, the 2010 Finance Act reintroduced staff leasing, that was abolished by previous legislation; temporary work agencies to supply to allowed user enterprises employees benefiting from income support mechanisms in breach of the requirements established by the collective agreements applicable to those enterprises; and introduced incentives for temporary work agencies that place workers benefiting from income support mechanisms. The CGIL expresses concern that, following the adoption of the new legislation, private employment agencies are likely to focus on two objectives, i.e. the externalization of the enterprise activity and the use of workers benefiting from income-support mechanisms, which undermine social inclusion. Considering that only part of the workforce benefits from income-support mechanisms (1.6 million workers are excluded from any benefits according to Bank of Italy statistics), the Government appears to use public resources in a way that directs private employment agencies towards activities which increase labour market segmentation. The CGIL also observes that flexibility in the labour market is not the best approach to create jobs in times of crisis, as shown by the negative employment trends during the last years. Temporary workers, including workers employed by temporary work agencies, were most affected by the crisis. Private employment agencies were used for replacing workers with permanent employment. In the CGIL’s view, providing further employment security should be reconsidered as a means to enhance economic productivity growth and achieve further social cohesion. In order to increase Italian productivity, long-term investments as well as better conditions for training and retraining workers should be promoted. Productivity and competitiveness will not be achieved by increasing the use in the workforce of individuals who are always available and easy to lay off. In its reply to the CGIL’s comments, the Government clarifies that measures contained in the 2010 Finance Act were conceived in the crisis context and thus are intended to be experimental and of a temporary nature. Placement by the private employment agencies of persons benefiting from income support mechanisms was already provided by the legislation since 1991. With regard to staff leasing, which was introduced by Legislative Decree No. 276/03, the Government indicates that the possibility of supplying employees to user enterprises under contracts of indefinite duration is only allowed in a specific list of cases identified by the Decree. It further specifies that Italia Lavoro, which is entrusted with managing the active labour market measures provided for by the 2010 Financial Act, operates under the authority of the Ministry of Labour and Social Protection. The Committee recalls that Convention No. 181 allows for an improved functioning of private employment agencies by recognizing their role in the well-functioning of the labour market. It also stresses the need to protect workers against abuses. As stated in the Global Jobs Pact, full and productive employment and decent work are at the heart of the crisis responses. This includes enhancing the competence and increasing resources available to public employment services so that jobseekers receive adequate support and, where they are working with private employment agencies, ensuring that quality services are provided and rights respected (paragraph 11(2)(ii) of the Global Jobs Pact). The matters raised by the CGIL reflect concern that fair treatment for agency workers is not ensured with regard to their working and employment conditions. The Committee therefore invites the Government to provide a report indicating how the measures adopted under the 2010 Financial Act and subsequent legislation have ensured adequate protection for workers in temporary work agencies working for user enterprises (Articles 11 and 12 of the Convention). It also invites 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 public employment centres and private employment agencies (Article 13). The Government is also requested to 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).

[The Government is requested to reply in detail to the present comments in 2013.]

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

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).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report on the application of the Convention, received in November 2002. It also notes the observations that CONFINDUSTRIA made to the Government in June 2002 in which it indicates that the placement activities carried out by private entities continue to encounter many obstacles. CONFINDUSTRIA indicates that the procedures for the authorization of private entities should be simplified in law. It calls for the Government to adopt legislative changes in the near future to promote the activities of private employment agencies. The Committee hopes that the Government will indicate in its next report any changes in law and practice relating to the subjects covered by the Convention. It also requests the Government to provide additional updated information in its next report on the implementation of the following provisions.

1. Article 2, paragraphs 4 and 5, of the Convention. The Government indicates that during the period covered by the report (November 2002), the situations envisaged in Article 2, paragraph 4, of the Convention did not arise. Under the terms of section 1(3) of Act No. 196 of 1997, the activities of temporary employment agencies appear to be permitted only on an experimental basis, in agreement with the social partners, in certain areas in the agricultural sector and the construction industry. Please provide information on any prohibitions and exclusions relating to the activities of the private agencies covered by the Convention.

2. Article 8, paragraph 1. The Government indicates that the national legislation guarantees equality of treatment for migrant workers and their families. Furthermore, Italy applies the corresponding European Union legislation and is bound by association agreements with third countries. The Committee requests the Government to provide information on the measures taken to provide adequate protection for and prevent abuses of migrant workers (including non-Community workers and workers not covered by association agreements), who are recruited or placed in employment in Italy by natural or legal persons providing the services covered by the Convention.

3. Article 8, paragraph 2. Please also provide information on any bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment covered by the Convention.

4. Article 10. Please describe the machinery and procedures for the investigation of complaints concerning the activities of any natural or legal persons providing the services covered by the Convention.

5. Article 11. Please indicate the manner in which the principal collective agreements are able to protect workers employed by the private employment agencies envisaged in Article 1, paragraph 1(b), of the Convention. In particular, the Committee would be grateful to be provided with additional information on the following subjects:

-  points (c), (d), (i). Please indicate the measures taken to ensure adequate protection for the workers employed by private employment agencies in relation to hours of work, working time and other working conditions, statutory social security benefits and maternity protection and benefits, and parental protection and benefits;

-  point (f). The Committee would be grateful if the Government would provide information on the vocational training fund financed through compulsory contributions by agencies, the various types of training financed and the number of temporary workers who have received training.

6. Article 12. The Committee notes that temporary employment agencies and user enterprises show solidarity with regard to the claims of workers who have not been paid by private employment agencies, including their social contributions. It requests the Government to indicate the manner in which responsibilities are allocated, in each of the areas covered by Article 12, between the natural and legal persons who provide the services in Italy covered by Article 1, paragraph 1(b), of the Convention and user enterprises.

7. Article 13, paragraphs 1 and 2. The Government indicates in its report that associations of private employment agencies and representatives of the most representative trade union organizations, at both the national and provincial levels, are consulted on the establishment of cooperation between the public employment service and private employment agencies. The report also refers to agreements between private employment agencies and the public employment service, particularly in relation to the establishment of a unified information system for job vacancies and applications. The Committee recalls that it referred to the reform of the public employment service in its observation in 2002 on the application of Convention No. 122. It requests the Government to provide information on the cooperation between the public employment service and private employment agencies in such a manner that the public authorities retain final authority for formulating labour market policy.

8. Article 14. Please provide extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention and the number and nature of the infringements reported (Part V of the report form).

9. Part IV of the report form. Please state whether national tribunals have handed down decisions involving the interpretation of the legislative texts giving effect to the Convention.