Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Information on national policy and laws. The Committee notes the Government’s indication that entry flows of non-Community workers in the country are regulated in accordance with quotas fixed annually by decree, where preference is accorded to workers coming from States with which Italy has concluded special agreements. It also notes the legislation amending the Unified Text of Legislative Decree No. 286 of 25 July 1998 on immigration and the legal status of foreigners and transposing relevant EC Directives. In particular, the Committee notes that Legislative Decree No. 30 of 6 February 2007, transposing Directive 2004/38/CE on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, repeals the previous EC residence card and allows Community workers to reside in the country for more than three months on condition that they register with the registry of births, marriages and deaths. Pursuant to Law-Decree No. 3 of 8 January 2007, non-Community workers having resided for at least five years in an EU country can obtain an open-ended “CE residence permit for long-term residents” provided that they fulfil certain requirements concerning income and accommodation. Furthermore, additional amendments to the Unified Text are currently under examination and are intended to revise the mechanism for determining entry flows, by allowing, among other things, domestic workers to enter the country even outside the fixed quotas, and to set up a placement system abroad where foreigners willing to go to Italy for work, including seasonal workers, can register themselves. The Committee asks the Government to continue to provide information on legislation relevant to the application of the Convention.

Article 1(c). Information on general agreements and special arrangements. The Committee notes from the Government’s report that special agreements were signed with the Republic of Moldova in 2003 and with Morocco and Egypt in 2005. It also notes from the report submitted by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that on 8 July 2007 the Governments of Italy and Morocco signed an Executive Protocol to the 2005 Bilateral Agreement on Employment stipulating, among other things, that training courses and Italian language teaching shall be organized in Morocco for candidates to the Italian labour market. The Committee requests the Government to provide copies of these agreements and information on their implementation. Please continue to provide information on any other agreements adopted in future.

Articles 2, 3 and 7. Migration information and assistance services. The Committee notes from the Government’s report that all instruments regulating the entry, residence and expulsion from the country are translated, including in a summarized form, at least into French, English and Spanish. It also notes that a specialized office for immigration has been established at each prefecture with the task of processing and assisting applications for family reunification and recruitment. The Committee understands that it is the employer who submits the application for the recruitment of foreign workers to the specialized office for immigration. Referring to paragraphs 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), the Committee thus requests the Government to indicate how it is ensured that migrant workers receive adequate assistance on matters relating to migration. The Committee also requests the Government to provide information on the measures taken or envisaged to combat misleading propaganda relating to emigration and immigration.

Article 6. Equality of treatment. The Committee notes with interest Legislative Decree No. 215 of 2003 concerning equal treatment regardless of race and ethnicity and the creation of the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) and the Department of Rights and Equal Opportunities. Given that migrant workers may not always be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals, the Committee requests the Government to provide information on any practical measures taken by UNAR and the Department of Rights and Equal Opportunities, to ensure the effective application of equality of treatment in employment and occupation of migrant workers. Please also provide information on any violations detected by the bodies entrusted with monitoring the respect for the principles of the Convention, and on any decisions of the courts of other bodies.

Annexes I and II. Private recruitment and placement agencies. Please supply information on the application of Annexes I and II of the Convention as regards the recruitment by private agencies, notably the measures taken to protect migrant workers from potential abuses.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

See under Convention No. 143.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

See under Convention No. 143, as follows:

The Committee notes the detailed information provided in the Government's report in reply to its previous comments. It also notes that the additional Protocol to the European Social Charter was ratified and brought into force by Act No. 207 of 8 March 1994.

Article 14(a) of the Convention. The Committee notes the Government's statement that the restrictions relating to direct recruitment established by Circular No. 5333 of the Ministry of Labour, dated 18 November 1991, does not concern workers from outside the European Union who are "regularized" under the terms of section 6(1) of Act No. 39/90, to whom the same provisions apply as for Italian workers with regard to direct recruitment and direct transfers. The Government indicates that the above Circular only applies to workers from outside the European Union who are non-resident and come from outside the country.

Point V of the report form. The Committee also notes that amendments are planned to the Martelli Act. It requests the Government to supply information on any new provisions that are adopted and on any practical difficulties encountered in the application of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 143, as follows:

The Committee notes the information supplied by the Government in its report and the observations of the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers' Unions (CISL) on the application of the Convention.

With regard, in particular, to the application of Article 1 of the Convention, the Committee notes with interest the adoption of Regional Act (Tuscany) No. 22 of 22 March 1990 to protect and promote the human rights of migrants from outside the EEC, by establishing a Regional Council for extra-community immigration, whose members include representatives of migrants' associations and employers' and workers' organizations. The above Act provides for the adoption and implementation of a programme to cover activities such as reception centres, information, social integration and protection of culture, integration into the labour market, medical and social coverage, accommodation, legal assistance, etc. Similar Acts have been adopted by other regions such as Liguria (Act No. 7 of 9 February 1990), Emilia Romagna (Act No. 14 of 21 February 1990), Puglia (Act No. 29 of 11 May 1990), Umbria (Act No. 18 of 10 April 1990), il Veneto (Act No. 9 of 30 January 1990), etc.

The Committee also notes that under section 11 of Legislative Decree No. 195 of 1 March 1992, extra-community migrants who are lawfully resident in the Italian territory and who are enrolled on placement lists should, for purposes of medical assistance provided by the National Medical Service, be considered as Italian citizens enrolled on the same lists. It also notes the measures taken by almost all the regions to ensure that extra-community migrants receive the same treatment as Italian citizens in respect of social protection and the right of association, in accordance with the provisions of Article 10 of the Convention.

The Committee asks the Government to continue to provide information on any further progress accomplished in this area and on the application of the measures taken to give effect to the Convention.

The Committee also asks the Government to provide information on the points raised in a request addressed to it directly.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

Article 6 of the Convention (equal treatment). 1. The Committee notes with interest that under section 4 of the Legislative Decree of 29 December 1990, extra-community (EEC) citizens legally residing in Italy and registered on placement lists enjoy the same rights as unemployed Italians as regards entitlement to health care for 1991. It asks the Government to indicate the measures taken or envisaged to ensure that immigrants lawfully within its territory receive treatment no less favourable in respect of health care than that applying to its own nationals, beyond 1991.

2. The Committee notes the Government's statement in its report, concerning the problems of migrant workers' access to housing, especially in metropolitan areas, and the measures that have been taken in this respect. It notes in particular that, under the provisions of the Decree of 7 November 1990 of the Ministry of Foreign Affairs, respecting the limitation of extra-community migrant worker inflow for 1991, employers are required to furnish adequate housing for the specific workers whom they recruit abroad in accordance with section 8 of Act No. 943 of 1986.

The Committee also notes that under section 4, subsection 3(a), of Decree No. 655 of 23 May 1964 issuing the rules for the assignment of social housing, housing built by social bodies, the regions or the communes may not be assigned for ownership or rental to persons who are not of Italian nationality. Section 2 of Decree No. 1035 of 30 December 1972 issuing regulations on the assignment and withdrawal of housing constructed with public funds, restricts the assignment of such housing to Italian nationals and foreigners entitled to apply for it. Under the Decree of 15 May 1987 of the President of the Council of Ministers, employees who are nationals of other member States of the EEC, who reside in Italy and are engaged in gainful employment, and who fulfil the objective and subjective requirements of the legislation on social housing, are assimilated to Italian citizens with regard to the application of this legislation.

Furthermore, the Committee has noted the provisions adopted by several regions (Act No. 33 of 24 April 1980 of the Puglia region; Act No. 38 of 7 May 1980 of the Tuscany region; Act No. 15 of 25 May 1981 of the Emilia Romagna region; Act No. 22 of 23 April 1982 of the Liguria region) which reserve access to rental of housing constructed or renovated by public bodies to Italian citizens.

The Committee asks the Government to indicate whether Decrees No. 655 of 23 May 1964 and No. 1035 of 30 December 1972, and the above-mentioned regional laws, are still in force as regards migrant workers who are nationals of countries which are not members of the EEC. It also asks the Government to provide information on the measures taken or envisaged to apply to migrant workers lawfully in its territory, treatment no less favourable than that which it applies to its own nationals in respect of housing, in accordance with the provisions of Article 6, paragraph 1(a)(iii) of the Convention.

Article 8. In its previous comments, the Committee had requested the Government to indicate measures taken to protect foreign workers who have been admitted on a permanent basis and who and the members of their families shall not be returned to their country of origin or to the one from which they emigrated because the migrant workers are unable to follow their occupation by reason of illness contracted or accident sustained subsequent to entry. The Government has supplied the detailed information concerning this Article which does not, however, refer to such foreign workers and their families. The Committee requests again the Government to supply information on measures to protect migrants for employment who have been admitted on a permanent basis or their families against the possibility of being returned to their country of origin.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report. It requests the Government to supply information concerning the general agreements and special arrangements on migrants for employment concuded with other States and on the practical implementation of the Convention, including:

(i) the measures taken to facilitate the departure, journey and reception of migrants for employment (Article 4 of the Convention);

(ii) the organisation and functioning of the medical services used by migrants for employment (Article 5);

(iii) the measures taken to simplify administrative formalities and to provide the necessary assistance in the settlement of migrants and their families, including the provision of interpretation services (Article 6 of Annex I);

(iv) measures to protect migrants for employment who have been admitted on a permanent basis or their families against the possibility of being returned to their country of origin (Article 8).

It also requests the Government to supply detailed information on the recruitment, placement and terms and conditions of employment of migrants recruited under government-sponsored migration group arrangements (Annex II).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report. It requests the Government to supply information concerning the general agreements and special arrangements on migrants for employment concuded with other States and on the practical implementation of the Convention, including:

(i)the measures taken to facilitate the departure, journey and reception of migrants for employment (Article 4 of the Convention);

(ii)the organisation and functioning of the medical services used by migrants for employment (Article 5);

(iii)the measures taken to simplify administrative formalities and to provide the necessary assistance in the settlement of migrants and their families, including the provision of interpretation services (Article 6 of Annex I).

(iv)measures to protect migrants for employment who have been admitted on a permanent basis or their families against the possibility of being returned to their country of origin (Article 8);

It also requests the Government to supply detailed information on the recruitment, placement and terms and conditions of employment of migrants recruited under government-sponsored migration group arrangements (Annex II).