Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Italy (Ratification: 2000)

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

Articles 2, 3, 5 and 7 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s indication that Law No. 183 of 10 December 2014 delegated to the Government the authority to adopt legislative decrees aimed at rationalizing and reviewing procedures and obligations regarding the inclusion of persons with disabilities in the labour market, pursuant to Law No. 68 of 12 March 1999.

The Committee also takes note of the various regulatory measures adopted in recent years, including: Legislative Decree No. 150 of 14 September 2015, reorganizing legislation on employment services and active labour market policies; Legislative Decree No. 151 of 14 September 2015, simplifying procedures and obligations for citizens and enterprises; Ministerial Decree No. 43 of 11 March 2022, adopting guidelines on the targeted placement of persons with disabilities; Legislative Decree No. 105 of 30 June 2022, concerning the reconciliation of work and family life for parents and carers; and Legislative Decree No. 48 of 4 May 2023 (converted into Law No. 85 of 3 July 2023), introducing measures for social inclusion and access to employment.

The Committee further notes that, under Legislative Decree No. 151/2015, the Fund for the Right to Work of Persons with Disabilities was substantially restructured. The previous system of annual transfers from the State to the Regions, followed by regional disbursement to employers, has been replaced by a mechanism allowing resources to be channelled through monthly contribution declarations via a dedicated procedure managed by the National Institute of Social Security (INPS).

Pursuant to the statistical information provided for the years 2016–2019, the Committee notes an increase in the number of persons with disabilities placed in private employment – from 27,333 in 2016 to 42,941 in 2019. However, as previously observed, significant regional disparities persist with respect to registration and job placement. The Government indicates that the simplification and improvement of the entire inclusion system are currently being examined by the National Observatory on the Condition of Persons with Disabilities (OND).

The Committee observes that, according to a recent OECD study (Disability, Work and Inclusion in Italy: Better Assessment for Better Support, OECD Publishing, Paris, 2023, p. 8), Italy continues to face long-standing challenges, including discrepancies with the UN Convention on the Rights of Persons with Disabilities concerning disability assessment, fragmentation of assessment and support systems, and persistent regional inequalities in access to disability services and benefits.

The Committee notes with interest the adoption of Legislative Decree No. 62 of 3 May 2024, which introduces substantial reforms. The Decree, inter alia, establishes “basic” and “multidimensional” assessment procedures to ensure that persons with disabilities can access all necessary services, benefits and supports; provides for the effective exercise of reasonable accommodation; and redefines the concept of “disability condition” as a “long-term physical, mental, intellectual, neurodevelopmental or sensory impairment which, in interaction with various barriers, may hinder full and effective participation in different areas of life on an equal basis with others”. The Committee also notes with interest the adoption of Legislative Decree No. 20 of 5 February 2024, establishing the National Guarantor Authority for the Rights of Persons with Disabilities. The Committee requests the Government to continue providing information on the formulation, implementation and periodic review, in consultation with the social partners, of the national policy on vocational rehabilitation and employment of persons with disabilities, particularly in the light of these recent reforms. It further requests the Government to provide information on the impact of these reforms and of the national policy in the different regions of the country, as well as on the activities of the National Observatory on the Condition of Persons with Disabilities.

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

Articles 1, 2, 3 and 7 of the Convention. Vocational rehabilitation and employment policies for persons with disabilities. The Government refers in its report to the impact of legislative measures on the employment of persons with disabilities. In this regard, it refers to Law Decree No. 101 of 31 August 2013, which calls for public administrations to re-determine the number of persons with disabilities hired on a compulsory basis, taking into account the quota system and criteria of calculation envisaged by the legislation in force. The Committee notes that each administration will proceed to hire additional persons with disabilities under contracts of employment of an indefinite duration if they fall below the revised quota. Concerning the national policies aimed at promoting the employment of persons with disabilities, the Government provides in its report information on the financial incentives granted to private employers who hire persons with disabilities. These incentives are financed through the Fund for the right to work of persons with disabilities with resources allocated by the Ministry of Labour to the regions. With regard to the allocation of resources of the Fund, the Committee notes the figures provided for 2012 and 2013 and notes that resources tend to be concentrated in the northern regions of the country. Moreover, the Committee noted in its previous observation that, as a result of the implementation of Act No. 68/99 on the right to work of persons with disabilities, 22,360 persons were placed in jobs in 2010 and 22,023 in 2011. The figures for both years were in fact higher than the historic low at that time in 2009 with 20,830 placements. The Committee notes from the data provided by the Government that the number of job placements decreased in 2012 and 2013 with, respectively, 19,114 and 18,295 persons with disabilities placed in employment. It also notes from the statistics provided the continuing disparity between the country’s regions with respect to registration and job placements. Concerning reasonable accommodation for persons with disabilities, the Committee previously noted that legislative changes provided that employers in the public and private sectors were required to take appropriate steps to ensure that reasonable accommodation is provided in the workplace, as defined in the United Nations Convention on the Rights of Persons with Disabilities, to ensure equality of persons with disabilities with other workers. The Government indicates in its report that public employers must provide for such accommodation by making use of the human, financial and material resources available under the current legislation. The Committee requests the Government to provide information on the impact of the national policy on vocational rehabilitation and employment of persons with disabilities in the different regions of the country, and on the impact of the legislative changes made to the quota system. It also requests the Government to indicate how measures taken are periodically reviewed, in consultation with the social partners, so as to enable persons with disabilities to secure, retain and advance in employment. Please also provide further information on the activities of the National Observatory on the Condition of Persons with Disabilities and on reasonable accommodation in the workplace.

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

Promotion of employment opportunities for workers with disabilities. Reasonable accommodation. The Committee notes the Government’s information and statistics provided in November 2013 in reply to its 2011 observation. The Government indicates that the 2010–11 period was marked by the continuance of the economic and employment crisis which affected the whole country, and which has also had an impact on the mandatory placement system for persons with disabilities. As a result of the implementation of Act No. 68/99 on the right to work of persons with disabilities, 22,360 persons were placed in jobs in 2010 and 22,023 in 2011; both years higher than the historic low in 2009, with 20,830 placements. From the statistics provided, the Committee notes the disparity between the country’s regions in regards to registration and placements; as the recovery seems to have positively affected most regions, except in the South. It also notes that over half of the job placements were established under fixed-term or other types of contracts, excluding contracts of employment of indeterminate duration. Among the measures that were implemented is the inclusion of a dedicated section to the employment of persons with disabilities on the job placement website of the Ministry of Labour. Moreover, the Committee notes the establishment of the National Observatory on the Condition of Persons with Disabilities. The Committee notes with interest that the Government adopted Legislative Decree No. 76 of 28 June 2013, converted into Act No. 99 of 9 August 2013, which provides that employers in the public and private sectors are required to take appropriate steps to ensure that reasonable accommodation is provided in the workplace, as defined in the United Nations Convention on the Rights of Persons with Disabilities, to ensure equality of persons with disabilities with other workers. The Committee encourages the Government to strengthen its efforts to promote employment opportunities for persons with disabilities in the open labour market so as to ensure that they secure, retain and advance in employment. It requests the Government to provide an assessment supported by statistics, disaggregated by sex, where available, of the impact of the national policy on vocational rehabilitation and employment of persons with disabilities on effectively increasing labour market participation for the persons concerned (Articles 3 and 7 of the Convention). Please also provide information on the impact of the existing legal framework on the employment of persons with disabilities, including on reasonable accommodation, and on the activities of the National Observatory on the Condition of Persons with Disabilities in relation to the matters covered by the Convention.

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

Promotion of employment opportunities for workers with disabilities. The Committee notes the Government’s detailed report received in October 2010, which includes replies to its 2006 direct request and comments by the Italian General Confederation of Labour (CGIL). The Government indicates that as a result of the implementation of Act No. 68/99 on the right to work of persons with disabilities, in 2008, 28,306 out of 99,515 persons with disabilities figuring on the mandatory employment list were placed in employment and, in 2009, 20,830 out of 83,148 were placed in employment. In its comments, the CGIL indicates that persons with disabilities are mostly concentrated in the 50–57 years age group, which makes their placement more difficult. It further indicates that public employment centres in Northern and Central regions are more efficient in promoting the employment of persons with disabilities. However, Southern employment centres improved their performance, which resulted in an increased number of persons with disabilities placed in employment. In some Central and Northern regions, persons with disabilities were employed in enterprises with less than 15 employees, although the employers were not bound to employ persons with disabilities. The CGIL stresses that more rigorous inspections should be carried out in order to detect enterprises which do not comply with their legal obligations towards the employment of persons with disabilities and punitive measures taken. In this regard, the Government indicates that in 2008 the labour inspectorate found 1,259 administrative violations of the legislation on the employment of persons with disabilities. In the 2010 inspection planning, persons with disabilities have been included among the labour market groups at risk. The Committee encourages the Government to strengthen its efforts to promote employment opportunities for persons with disabilities in the open labour market so as to ensure that they secure, retain and advance in employment. It requests the Government to provide an assessment supported by statistics disaggregated by sex, where available, of the impact of the national policy on vocational rehabilitation and employment of persons with disabilities on effectively increasing labour market participation for the persons concerned (Articles 3 and 7 of the Convention).

Practical application. The CGIL recognizes in its comments that Act No. 68/99 is a valuable instrument to create employment also in times of crisis, but regrets that its application is hindered by measures such as the suspension of the obligation to employ persons with disabilities and the hiring freeze in the public sector. Moreover, regulations implementing the legislation on the employment of persons with disabilities are still lacking. The Government indicates that the suspension of the obligation to employ persons with disabilities provided by Circular of the Ministry of Labour No. 2/2010 only concerns employers in the private sector who experience difficulties due to the financial and economic crisis. It further points out that, as clarified by Circular No. 6/2009 of the Civil Service Department, persons with disabilities are excluded from the hiring freeze in the public sector within the limits of the mandatory quota. The Government stresses that the adoption of legislation which would, in the CGIL’s view, improve the application of Act No. 68/99, is under way. The Committee requests the Government to provide in its next report information on the measures taken to ensure a better application of the existing legal framework on the employment of persons with disabilities. It also asks the Government to supply statistics disaggregated by sex, extracts of reports, studies and inquiries concerning the matters covered by the Convention, and particularly information on the number of persons with disabilities employed, including details on the type and duration of their employment arrangements, as well as on education and training opportunities offered to persons with disabilities (Part V of the report form).

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

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

Employment promotion for workers with disabilities. With reference to its previous direct request, the Committee notes the detailed information provided by the Government in the report received in November 2005. In a general observation, the Italian General Confederation of Labour (CGIL) describes the action taken at the European level to raise awareness of certain pre-university programmes for workers with disabilities. The Government’s report shows that, in regions where there are specific vocational integration services for persons with disabilities, the percentage of successful integration is higher than in regions where there are no services or where they are inadequate. The Committee requests the Government to continue providing information in future reports on the results achieved in practice through the measures undertaken at the national and regional levels for the integration of persons with disabilities into the free labour market (Articles 7 and 9 of the Convention). It requests the Government to provide statistics and reports on the matters covered by the Convention (Part V of the report form).

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

1. The Committee notes the Government’s first report on the application of the Convention, containing detailed information on the national policy for the vocational rehabilitation and employment of persons with disabilities. It also notes the general observations made by CONFINDUSTRIA. It requests the Government to describe in more detail the measures adopted to evaluate the various approaches adopted by national legislation to promote the right to work of persons with disabilities, particularly those intended to enable persons with disabilities to obtain and retain employment and to advance in their profession. Furthermore, the Committee would be grateful if the Government would provide statistics, extracts of reports, studies or surveys on the matters covered by the Convention (Article 7 of the Convention and Part V of the report form).

2. Please also indicate how the representative organizations of employers are consulted on the matters set out in Article 5 and the measures adopted to ensure the availability of suitably qualified vocational rehabilitation staff for persons with disabilities (Article 9).