Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government in its report. It regrets to note that no progress has been made in extending the scope of the Legislative Decree of 22 August 1974 (organising social security) to all agricultural workers, including day labourers and temporary workers.

In its report, the Government states that, while being aware of the time that has passed (27 years) since the ratification of the Convention, structural and technical difficulties have constantly delayed the implementation of the provisions of the above instrument and the repeal of section 186 of the national Labour Code which excludes agricultural workers from its scope, with the result that they are not subject to the Legislative Decree of 22 August 1974, organising social security. However, since in practice contracted workers who have undertaken to put their occupational activity at the service of an enterprise or an institution of an agricultural nature are in practice subject to the Labour Code, these contracted workers are also in practice covered by the social security scheme that is in force. As for day labourers, who are essentially engaged for the short period necessary to carry out work according to the season, in certain cases they are subject to the social security system and, in other cases, their employer takes out a collective insurance policy for them with an insurance company against physical injury, although, it must be recognised, many of them are not protected. The Government is therefore in the process of seeking the ways and means of resolving this question, taking into account the economic situation.

The Committee notes this information. While being aware of the difficulties referred to, it is bound once again to hope that measures will also be taken at the legislative level in order to bring the national legislation formally into conformity with the Convention by explicitly extending the scope of the above Legislative Decree to all agricultural workers, including day labourers and temporary workers. [The Government is asked to report in detail for the period ending 30 June 1991.]