Cas individuel (CAS) - Discussion : 2023, Publication : 111ème session CIT (2023)

Labour Inspection Convention, 1947 (No. 81), (ratification: 1952) - Labour Inspection (Agriculture) Convention, 1969 (No. 129), (ratification: 1981)

Written information provided by the Government

The Government has provided the following written information, as well as the Annual Report on Protection and Supervision in Labour and Social Legislation 2023.

The results of the task forces of the SU.PR.EME. and A.L.T. CAPORALATO! projects from 2020 to 2022 and of the activity against labour exploitation are illustrated in the Annual Report on Protection and Supervision in Labour and Social Legislation 2023. The document in question reports 1,206 non-EU workers without a regular residence permit found at work during inspections. During the inspections, information is provided to migrant workers on their rights, as well as through the delivery of the model adopted by the inter-ministerial decree (Ministry of the Interior, Ministry of Labour and Social Policy and Ministry of Economy and Finance) referred to in article 1, paragraph 3 of Legislative Decree No. 109/2012, also and above all through the support of cultural mediators who explain the role of the Inspectorate and clarify – in a language they can understand – that when a situation of labour exploitation is ascertained, the employer is liable, while the victims can access special protection mechanisms. As stated in the report, within the framework of the action carried out in the implementation of the aforementioned projects, 598 workers were assisted by the International Organization for Migration (IOM), of whom 239 were granted residence permits as victims of labour exploitation and/or are awaiting a favourable opinion by the Public Prosecutor’s Office (there were 3 in 2018).

With specific reference to the request concerning the number of residence permits granted for “special cases”, data from the Ministry of the Interior, updated to June 2022, on residence permits both for reasons of social protection and in case of serious labour exploitation is provided in Tables 1 and 2 below. Updated data is being surveyed. This data will be transmitted as soon as provided by the competent authority. In addition, as part of the projects, multilingual information leaflets (in Italian, English, French, Arabic, Urdu, Pashto, Bengali, Hindi, Punjabi, Chinese and Romanian) have been prepared and distributed, aimed at helping foreign workers present on Italian territory to become aware of their possible situation of exploitation and of the possibilities of reporting and rescue. It should also be noted that, to date, at six territorial inspectorates (specifically Bari, Cuneo, Ferrara-Rovigo, Foggia, L’Aquila and Reggio Calabria), experimental multilingual desks have been activated to receive complaints of irregularity and labour exploitation of foreign citizens and, more generally, to give support and information on their rights. Again, as a result of collaboration with the IOM, the inspection request form, available online on the Inspectorate’s website, has been translated into nine languages (English, French, Romanian, Chinese, Arabic, Bengali, Punjabi, Urdu and Ukrainian).

It is also confirmed that the inspectors ensure adequate protection for migrant workers also from an economic point of view by issuing ascertainment warnings (section 12 of Legislative Decree No.124/2004), under which financial rights are immediately and freely satisfied. In pointing out that in recent years data on the effective use of this tool are increasing overall, it is reiterated that the details of ascertainment warnings, contribution recoveries and financial resources specifically related to workers without residence permits are not available through the survey system in use. As for the time devoted by inspectors to verifying the regularity of migrant workers’ stays, this appears to be entirely marginal. In fact, according to Act No. 286/1998, inspectors who ascertain the employment of migrants without residence permits are required to report this to the police forces, and the latter, not labour inspectors, are responsible for identifying the irregular foreign national and charging that person with the offence of illegal entry and stay in the territory of the State, pursuant to section 10 bis.

[Tables not reproduced: Social protection (article 18 TUI); Serious labour exploitation (article 22 TUI)]

Discussion by the Committee

Chairperson – The last case on our agenda is Italy on the application of the Labour Inspection Convention, 1947 (No. 81), and of Labour Inspection (Agriculture) Convention, 1969 (No. 129). I will now invite the Government representative of Italy to take the floor.

Government representative – We welcome with particular openness this occasion in which Italy can present its strong and concrete commitment to the full implementation of both Conventions Nos 81 and 129. The elements and information that will be presented today and in this room in response to the direct questions that have been addressed to Italy, are already described in the document submitted to the Office on 22 May.

Italy has always been strongly and concretely committed to combating irregular work and labour exploitation. In this way, as you probably know, since 2015 it has set up a national agency dedicated to making more effective and coordinated labour inspections in the country. But on this occasion this afternoon, I would like to inform you that in the framework of the National Recovery and Resilience Plan of December 2022, the Minister of Labour and Social Policies adopted the National Plan to combat undeclared work. It is the first relevant national document in this area. It was prepared by a specific multi-stakeholder technical table, with the participation of researchers and experts on the subject. Before its adoption, the National Plan was also submitted to the social partners.

Through this Plan, which will be implemented in Italy over the period 2023–25, over the next three years, the Government undertakes to carry out concrete and effective action to combat and prevent the phenomenon of undeclared work in all economic sectors. In particular, and this is the first point in response to one of your questions, a relevant aspect of the National Plan concerns the strengthening of the collection and sharing of statistical data in order to better understand the phenomenon of irregular work in all its forms and to plan better activities and more efficiency in inspections. So, we have a specific line of action for collecting statistical data.

The analysis of this phenomenon, based on the currently available information, has highlighted the need to pay particular attention to some critical sectors, such as domestic work and agriculture. Both are sectors where we know we have relevant presence of migrant workers. The National Plan also intends to encourage, through a reorganization of sanctions, a progressive and continuous transition from irregular forms of work to regular and transparent work in the country.

In the framework of our national inspection agency, my colleagues working in the national agency created a specific national portal for information on undeclared work. A new database can be useful for the activities of the national agency. And in April, the Minster of Labour established a national committee to prevent and combat undeclared work, entrusted with the task of coordinating and monitoring the action plan in line with the reform of the National Recovery and Resilience Plan of the European Union (EU). The Committee is chaired by the Minister of Labour and Social Policies and is made up of representatives of the different institutions at the national and regional levels with experts in this field appointed by the Minister, with ten representatives of the social partners.

We have some relevant information that in our opinion can be useful for this discussion. Since 2020, three years ago, the Government has adopted all relevant measures to implement the system of labour inspection. This is the National Strategy to prevent and combat labour exploitation and illegal hiring in the agriculture sector.

This plan implements a national law adopted in 2016: Act No. 199. It represents an important shift towards a more comprehensive and multidimensional approach to labour inspection, and is structured around four strategic pillars: prevention, protection, enforcement and remedies. These four strategic pillars, in our opinion, are in full conformity with both the Conventions that we are discussing today.

In December 2018, the Government established a specific group of experts (Tavolo per il Caporalato), chaired by the Minster of Labour to support the National Strategy in the agricultural sector. The National Strategy addresses action to prevent and combat irregular work in agriculture, with a particular focus on the most vulnerable categories, such as migrant workers in an irregular situation, taking into consideration the specific characteristics of the national territory. The idea is to combine penalties with concrete action for prevention and for the social inclusion for these migrant workers. It is important to underline that this National Action Plan was adopted in line with the specific action of the European Commission and is co-funded by the Structural Reform Support Programme and, as you probably know, the technical support for the National Strategy is provided to the Ministry of Labour by the ILO National Office for Italy.

Another element we think can be relevant to this discussion is that, since 2020, in the framework of the National Strategy, the Ministry of Labour has launched, with the National Labour Inspectorate, specific joint action establishing special task forces to carry out labour inspections with an innovative approach. National labour inspectors are supported by cultural mediators from the IOM. This is an innovative and multi-agency approach. These taskforces were set up with the multidimensional approach and with specific coordination with the local authorities of specific territories. Cooperation between labour inspectors and cultural mediators concerns inspection visits in the workplace, but also during the planning phase and afterwards during the phase of taking care of victims of irregular work.

The activities carried out through this specific approach based on task forces has now been adopted not only in agricultural, but also in other sectors: manufacturing, construction, services and logistics. Another point we want to underline regarding the specific role of labour inspectors is that, in our national system of labour inspection, labour inspection is totally addressed at securing the protection of all workers, including migrant workers, and with specific regard to this group of workers, during inspection they are provided by inspectors with all available information on their rights. Also, through the delivery of special leaflets adopted in Italy, and translated in collaboration with the cultural mediators, in the languages of each of the migrant workers, information is provided on their rights, the responsibilities of the employer and the special protection mechanism to which victims have access on the basis of Italian legislation. So, this is a form of providing support for migrant workers.

We can now offer migrant workers these multilingual leaflets with an information dossier, in 11 different languages, to help migrant workers present in the Italian territory enforce their rights and social inclusion and prevent the risk of exploitation. Also, as a result of the collaboration of cultural mediators from international organizations, the inspection request form dedicated to workers that is available online on the website of the Inspectorate is being translated into nine languages. So, it can be adopted and used more effectively and is accessible to migrant workers.

These activities have been crucial over the past four or five years in building the trust of migrant workers in cultural mediators and labour inspectors. We can observe this phenomenon in our different territories. Especially, with the frequent visits to informal settlements and a regular presence in the area. With a strong relationship with migrants’ associations and with the follow-up of mechanisms with migrant workers and their families. Capitalizing on this positive experience, the national inspectorate has started strengthening territorial offices to be closer to the needs of migrant workers. We now have the experience of six territorial offices in which there are specific help desks as a pilot project. These are multilingual help desks, dedicated to receiving reports of irregularities and of exploitation from migrant workers, and more generally to provide information and support on their rights. The commitment of the Ministry and the Inspectorate is to improve this approach, to have more help desk offices in all of Italy in the near future.

Finally, a point on the role of labour inspectors. Labour inspectors, in communicating the presence of migrant workers to the public security authority, pay specific attention to describe and to emphasize all the useful elements for example, with the collaboration of the victim, in the context of violence, or serious exploitation to support the timely issuance of the special case residence permits for these workers. It is important to recall this, because this approach is moving clearly in the direction of paying full attention to workers. This is clearer in our system. In enforcing the protection of migrant workers in every situation, and in enforcing their rights, both labour and social rights, this is in full respect of both Article 3 of Convention No. 81 and Article 6 of Convention No. 129.

The final point of my intervention relates to special permits. Last week, in our document, we sent you the data collected by the Ministry of the Interior regarding the two types of special permits: for social protection reasons and for serious labour exploitation. Yesterday, we received very up-to-date data that we can send you after this discussion in a new document that can give you more specific updated elements.

Worker members – This is the first occasion on which the Committee has examined the application by Italy of Conventions Nos 81 and 129.

In its comments, the Committee of Experts has raised a series of questions specifically concerning the additional functions entrusted to labour inspectors in relation to immigration. It noted that labour inspectors are required to notify the public security authorities of the presence of any irregular migrant worker, since under Italian legislation unlawful entry and residence on Italian territory continues to be a criminal offence. The Government has provided updated data indicating that in 2022 a total of 1,206 workers without valid residence permits were identified. According to the Government’s report, these workers received information on their rights.

The IOM also provided assistance to 598 migrant workers to gain access to special protection measures. As a consequence, residence permits were issued to 313 migrant workers on grounds of social protection and in special cases of exploitation. Information has also been provided on the experimental multilingual help desks established by six provincial labour inspectorates to receive denunciations of labour irregularities and exploitation of foreign workers and to provide them with support and information.

We note the information provided. However, we express concern at the criminalization of illegal immigration in Italy, its interference in the fulfilment of the primary duties of labour inspectors and its adverse impact on the capacity of foreign workers to assert their rights. We recall that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, the primary duty of labour inspectors is to protect workers and not to ensure compliance with the Immigration Act.

In the words of the Committee of Experts, workers in an irregular situation may not be prepared to cooperate with the labour inspection services if they fear negative consequences of inspection, such as being fined, losing their job or being expelled from the country. The objective of labour inspection can only be fulfilled if workers are convinced that the primary function of inspection is to ensure compliance with legal provisions relating to conditions of work and the protection of workers. The requirement for labour inspectors to inform the public security authorities of the presence of irregular migrant workers is not therefore in compliance with the requirements of the Conventions. The Government should adopt measures to establish a clear distinction between the activities undertaken by labour inspectors, in accordance with the provisions of the Conventions, and immigration controls, in which labour inspectors should not participate.

With regard to the protection of migrant workers, we regret that this year the Government has abolished residence permits for special cases, as a result of which migrant workers are at even greater risk. We also observe that the two triennial projects, SU.PR.EME and A.L.T CAPORALATO!, intended to combat exploitation and gangmasters in agriculture, are about to come to an end. We regret that the Government has decided to use measures that are limited in time to combat the systematic and extended exploitation of migrant workers in agriculture, in which a significant proportion of migrant workers are engaged, and where subcontracting and phantom cooperatives are commonplace. These abusive practices require a sustained and specific response by the Government, and should be an integral part of the labour inspection strategy drawn up by the Government. We also note that the Government has not provided information on the recovery of wage and social security credits for workers without residence permits, and that it confines itself to indicating that the current information system only allows an overview of the overall figures.

We echo the request by the Committee of Experts for the provision of full statistical information on the role of labour inspectors in informing migrant workers of their labour rights and the enforcement of those rights, including improved data on the recovery of the specific wage and social security credits of foreign workers without residence permits. Moreover, we note that platform work and domestic work, in which many migrant workers are engaged, and in which abuses and violations of workers’ rights are extremely frequent, are not covered by the labour inspection services. We recall that the mandate of the inspection services must cover all workers equally, and all workplaces in all sectors, whether private or public, in rural or urban areas, in the formal or informal economy, with a view to guaranteeing compliance with the legal provisions relating to conditions of work and the protection of workers. The Government must ensure without delay that the scope of labour inspection covers all workers and workplaces, including labour platforms and domestic work.

Finally, we note that the National Labour Inspectorate, established in 2017, absorbed the National Social Security Institute, the National Workers’ Compensation Institute and the inspection departments of the Ministry of Labour and Social Policy. In the 2022 annual labour inspection report, it can be seen that, despite this institutional reform intended to rationalize inspection procedures, labour inspection activities continue to be carried out by the same institutions referred to above, as well as by local health agencies, regional environmental protection agencies and the police. Each of these institutions has a specific area of competence, whether it is occupational safety and health, wages or working time, and covers a specific geographical area. Nevertheless, there remain serious doubts concerning the measures adopted to ensure the necessary cooperation between these various bodies and the coordination of their action. Proof of the lack of coordination is contained in the comment by the Committee of Experts, in which it indicates that the compilation and publication of statistics of employment accidents and cases of occupational disease are not the competence of the central authority, the National Labour Inspectorate, but they are drawn up and published separately by the National Workers’ Compensation Authority Institute. The Committee also requested the Government to provide information on the impact of the recent organizational reform on the activities undertaken by the National Labour Inspectorate, particularly in relation to the coordination of occupational safety and health inspections between the National Labour Inspectorate and local health authorities.

The reports of the Italian trade union confederations also provide examples in which, due to the limitation of their areas of competence, officials of the National Social Security Institute are only able to note a violation in relation to social security contributions, but not the failure to pay workers their wages, even though both are intrinsically interrelated. This is a perverse situation which mainly prejudices workers.

We recall that, under the terms of Article 5 of Convention No. 81 and Article 12 of Convention No. 129, the competent authority shall make appropriate arrangements to promote effective cooperation between the inspection services and other Government services and public or private institutions engaged in similar activities. The Government is therefore under the obligation to take immediate measures to ensure such cooperation and the effective functioning of the labour inspection services.

Employer members – The case under discussion concerns Conventions Nos 81 and 129. These two instruments are tightly linked and form part of the series of international labour standards intended to guarantee protection for workers in the sectors concerned. At the outset, the Employer members stress the importance of States’ compliance with the ILO Conventions they have ratified. Furthermore, the Employer members would like to emphasize the vital importance of labour inspection both for the protection of workers and for a well-functioning economy.

Allow me to turn to some background information on this case: Italy ratified Convention No. 81, which is a priority governance Convention, in 1952. Convention No. 129, which is a priority Convention as well, was ratified by Italy in 1981. We also note that since 2007 the Committee of Experts has issued six observations, the last one in 2022, denoting a failure by the Government to meet the commitments undertaken by ratifying the Conventions. Today, however, is the first time that the case regarding Italy’s compliance with Conventions Nos 81 and 129 has been discussed by the Committee. As to the country situation, it is worth noting that, in July 2020 after the fall of the Government, the President called for general elections in September 2022, which saw a new coalition gaining a majority of seats in Parliament.

Allow me now to turn to the key issues of this case: The Committee of Experts, in its 2022 observations, identified elements of concern with respect to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, regarding additional functions entrusted to labour inspectors. The Employer members take note that the Government indicated in its report that inspection activities have been conducted within the three-year Plan against exploitation in agriculture through two projects financed respectively by the European Commission and the Ministry of Labour and Social Policy. We further note that the Government has indicated that labour inspectors shall communicate the presence of migrant workers in an irregular situation to the public security authority. It should also be noted that, to date, in six territorial inspectorates, multilingual desks have been activated dedicated to receiving complaints of irregularity and labour exploitation of foreign citizens and, more generally, to give support and information on their rights.

Furthermore, according to the written information provided by the Government in May 2022, the results of the task forces of the above-mentioned projects and of the activity against labour exploitation show that 1,206 non-EU workers without a regular residence permit were found at work during inspections. According to the Government, during the inspections, information was provided to migrant workers on their rights and the role of the inspectorate. The Employer members also note the national Legislative Decree, according to which residence permits may be granted to concerned workers in so-called “special cases”, that is for reasons of social protection and in cases of particular exploitation. The granting of such permits is subject to the condition that the migrant worker in an exploitative situation files a complaint and cooperates in the criminal proceedings against the employer. In this regard, according to Government’s information, 230 special residence permits were issued for reasons of social protection and 83 for reasons of serious labour exploitation.

Finally, the Government mentioned that when inspections reveal failure to comply with contractual obligations, therefore creating financial credits for workers, the labour inspectors may ensure the recovery of such credits of the concerned workers. However, the Government also indicated that the current system of collection of statistical data only allows for an overview of the total figures in this regard, without specific reference to workers without a residence permit. In light of the Committee of Experts’ observations and information provided by the Government, the Employer members request the Government, firstly, to continue to provide information on the number of migrant workers in an irregular situation detected by labour inspectors; and secondly, on the role of labour inspectors in informing migrant workers about their labour rights and in enforcing those rights.

We ask the Government to include in this information data on the recovery of wage and social security credits specific to foreign workers without a residence permit; and the number of “special case” residence permits granted as a result of cooperation by those individuals with the inspection services. Finally, in line with the Committee of Experts’ observations, we request the Government to provide information on the resources of the labour inspectorate that are allocated to the task of verifying the legality of the immigration status in practice as a proportion of inspectors’ overall time and resources.

Worker member, Italy – I am speaking on behalf of the three Italian trade union confederations, the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL), and the Italian Union of Labour (UIL). The Italian trade unions consider both Conventions Nos 81 and 129 prerequisite standards for the respect and implementation of fundamental occupational health and safety rights. As addressed by the Committee of Experts, we would like to stress that defending the independence of public labour inspectors is of utmost importance. In fact, we welcome the withdrawal of the agreement between the National Labour Inspectorate, which I will call INL from now on, and labour consultants, which would have allowed enterprises to be notified before a possible inspection, and enterprises with a certification of compliance issued by labour consultants, obviously for a fee, to be excluded from possible inspections.

This is in the context of a dramatic situation in terms of numbers of inspectors and of the resources at their disposal: an enterprise knows that its chance of being inspected is once in 15 years. We would like to make a few observations on the additional information provided by the Government:

The number of cases of “special protection” reported continues to be dramatically low, and part of these were notified by the trade unions themselves and specific multi-stakeholder projects, and not as a result of national inspections, as one would have expected. Moreover, we want to challenge the following statement by the Government: “inspectors ensure adequate protection for migrant workers also from an economic point of view by issuing ascertainment notices (section 12 Legislative Decree No. 124/2004), under which financial rights are immediately and freely satisfied.”

As we have repeatedly pointed out, the “ascertainment notices” issued by the labour inspectors are an important tool that we hope can be increasingly extended. However, this notice alone does not at all guarantee the recovery of what the ILO and the Committee of Experts have defined as “wage theft” against migrant and non-migrant workers, irregular and otherwise. The INL reform initiated in 2017, which we welcomed as it contributed to strengthening the autonomy of the INL from the Ministry of Labour, still falls short of complying with Articles 4, 5 and 16 of Convention No. 81 and Articles 7, 12 and 21 of Convention No. 129 regarding the coordination of inspection activities by a central authority. Despite the efforts deployed through the SU.PR.EME and A.L.T CAPORALATO! programmes (caporalato is the Italian word for gangmaster) and some good practices of multi-agency inspection and coordination, in the majority of the territories affected by irregular labour and exploitation, the different inspection services (INPS, INAIL, ASL Inspectors, the police, including the carabinieri, guardia di finanza, and so on) act autonomously, without any coordination among themselves and in a disjointed manner. For example, the inspection activities promoted by the INPS (the national social insurance agency), conclude with reports that only concern social security contributions, without capturing the growing phenomenon of “wage theft,” as INPS inspectors do not issue ascertainment warnings to workers found to have been paid below the contractual minimum.

In this context, the Italian unions believe that setting up a “guarantee fund”, which could ensure the enforceability of ascertainment warnings and the payment of the so-called “wage theft” to workers, would contribute to shifting the responsibility for the recovery of the economic value of the warnings from the worker to the INPS, without removing the overall responsibility from employers.

What is more, the SU.PR.EME and A.L.T. CAPORALATO! projects are part of the national anti-caporalato plan prepared by the Ministry of Labour and financed with EU funds. But these are about to end and, in any case, represent an extraordinary activity that cannot guarantee continuity or stability of interventions which, on the contrary, an institutional structure such as the labour inspectorate should ensure.

For this reason, in compliance with point 2.2.7 of the ILO Guidelines on general principles of labour inspection, which indicates that “Labour inspectorates should collaborate with workers’ and employers’ organizations in the design, adoption and review of inspection policies, strategies, or programmes and plans”, the Italian unions think that an institutionalized tripartite body that ensures the regular planning and monitoring of inspections should be established. And the INL should set up an integrated database that collects disaggregated data on the inspections carried out by all the responsible inspection bodies at the local and regional levels.

Section 8 of Italian Act No. 199/2016 against “Caporalato” is not fully implemented. Only 6,000 enterprises are enrolled in the Quality Agricultural Labour Network out of a potential pool of 200,000. The territorial sections are less than half of those planned, are not fully operational and are not participated in homogeneously by all inspection services. In this context, we welcome the multidisciplinary experiment in six provinces, as mentioned now by the Government.

Irregular labour and modern forms of slavery are still widespread in the agricultural sector, as documented by Italian trade unions. The introduction of occasional fixed-term contracts in agriculture fuels exploitation and illegal labour, undermining Act No. 199/2016. This will be further aggravated by the recent re-introduction of payment by vouchers in the agriculture sector for payments up to €15,000 under Decree No. 48/2023. On the ground, we have observed that there has been a significant increase in the number of companies providing signed semi-regular contracts (so-called “grey contracts”) to avoid INL warning notices and sanctions.

Let me also remind the Committee that, in Italy, labour inspectors have to communicate the presence of irregular migrant workers to the public authority and that the illegal entry and stay in the country and the employment of workers without a permit are criminalized by sections 10bis and 22(12) of Legislative Decree No. 286/1998.

As raised several times by the Committee of Experts, it is necessary to avoid the result of the inspection controls being the immediate deportation of workers found in a situation of irregularity. We need to ensure a clear distinction between labour inspection and immigration controls and to strengthen the independence and resources of the former. As long as the irregular status of migrants remains a criminal offence, there will be no full compliance with Convention No. 81. Punitive measures against employers should be accompanied by reward measures in favour of good practices and virtuous employers, who are now prevented from formalizing workers because of the Italian Bossi-Fini law.

At the same time, section 18 of the Consolidated Immigration Act should be amended to ensure that inspections can lead to a safe regularization process for vulnerable migrant workers, in a manner that does not place the entire burden of the regularization process on the shoulders of those who are already exploited, that is the workers.

The gender dimension of exploitation should not be overlooked. Contact with severely exploited people, and especially women, requires outreach work that does not end with one single inspection, but requires the help of cultural mediators. For this, in accordance with ILO Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019, national labour inspection services should be further equipped to proactively prevent and report gender-based violence and harassment in the agricultural sector. Inspections are also particularly challenging and ineffective in the context of subcontracting. Strengthening labour inspectors, doing joint work with all those involved in controls is the best answer to bringing more legality to procurement.

Finally, let me address the issue of access to remedies. The recovery of unpaid wages and compensation for damages suffered due to exploitation is a key issue in addressing irregular labour, especially by migrant workers, who otherwise would have no interest in reporting exploitation, as they could only expect negative consequences. Alongside judicial remedies, which generally do not have the confidence of vulnerable workers, the Italian unions believe it is necessary to pursue the path of non-judicial remedies. These are procedures characterized by speed, confidentiality and informality, which can provide positive responses to the pressing needs of workers, especially in relation to unpaid wages. These conciliation mechanisms may involve labour inspectorates, or may be handled jointly by unions and employers, or they may be led by trade unions.

Employer member, Italy – I am honoured to take the floor with a short intervention in my capacity as Employers’ delegate of Italy and on behalf of the Confederation of Italian Industries.

We welcome the opportunity of considering the case of Italy on the application of Conventions Nos 81 and 129 on the system of labour inspection, in particular with regard to functions related to immigration. We believe it is a chance to reflect on the challenges that any country faces when securing the enforcement of the legal provisions on working conditions and the protection of workers who are migrants in an irregular situation. At the same time, we believe it is also an opportunity to show the progress that can be made in this regard, building on the positive steps already taken to address existing weaknesses and gaps. Italy is among the top front-line countries for migrants arriving in Europe and of course illegal immigration represents a huge challenge for our country. In this context, illegal migrants are more vulnerable to becoming victims of abuse and exploitation on the labour market.

We would like to express our firm opposition to any form of abuse or exploitation of migrant workers. It is first of all, of course, a matter of respect for human dignity and fundamental rights. From our perspective, the employment of illegal migrant workers also creates unfair competition for the vast majority of enterprises which respect the law and leads to losses in tax and social security revenues.

Italy has in place an advanced and very detailed legal framework providing protection for migrants that goes well beyond international standards and EU provisions. Moreover, I would like to stress that, in our well-established collective bargaining system, collective agreements address issues that are key to migrant workers, such as training, housing, food needs and leaves. Employers collaborate with the public authorities in line with the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which recognizes the specific role of the social partners, and they are engaged, often together with the trade unions, in projects to tackle undeclared work and promote the social inclusion of migrants. The aspects relating to inspections and sanctions for illegal employment, also with regard to the more problematic elements highlighted by the Committee of Experts, remain an issue in Italy, but the information provided by the Government today shows that Italy is well aware of the challenges, committed to structurally addressing them and has already taken important steps that go in the right direction. This direction, from our perspective, considering the complexity of the phenomenon of illegal migration, must be towards a broad strategy that could bring together different actors at the public and private levels with their respective responsibilities and tools. We, as employers, stand ready to contribute to further developing this pathway. We would encourage the Committee to take into due account the efforts and progress made by Italy in remaining strongly and concretely committed to the full implementation of Conventions Nos 81 and 129.

Worker member, Spain – There are many issues that arise in the complaint against the Government of Italy that this Committee has very rightly decided that it will examine here, from the lack of resources of many labour inspection services following years of austerity policies and cuts, to the interpretation of some of the functions that the Italian Government has entrusted to the labour inspection services, which go beyond those set out in Article 3 of Convention No. 81 and Article 6 of Convention No. 129.

I will speak about one of the issues already raised by the Italian Worker member: the lack of guarantees of exhaustive and effective inspections in contracting and subcontracting chains in the agricultural and logistics sectors. The contracting and subcontracting to which I am referring are a cover for fraudulent and illegal practices that use false cooperatives and other corporate structures in which the Italian inspection services do not enforce the law, ILO standards or collective agreements. Industrial accidents, many of which are mortal, therefore abound there, along with interminable workdays, insecure employment and wage deductions that are not in compliance with the rules agreed between employers’ and workers’ representatives. It is widely known that in the Emilia Romagna region, ghost cooperatives subcontract labour and manage parts of the production cycle in client companies. Many livestock farms subcontract the logistics to these spurious cooperatives, which in practice fully manage the barns in which the animals are reared. While the workers appear to be members of the cooperative, they are often forced to work under terrible conditions. If cooperatives close as a result of complaints, trade union pressure or supervision, they reappear under a new name and with different members. This is not a one-off, as we can see that in other sectors, such as logistics, there are complex fraudulent hidden tax practices involving invoices for legally inexistent transactions and fictitious contracts, in violation of regulations in the sector. The financial police of Milan and the tax office have identified employment relationships with commissioning enterprises concealed by screen companies, which in turn used coop/eratives (or other forms of shell companies). Huge logistics companies are involved in this labour exploitation of the weakest workers, that is migrants, and the three major Italian trade union confederations have therefore called for protection for the almost 30,000 workers affected, and have offered to work with the judicial authorities. These cases can only be prevented if the inspection services, working in conjunction with the other actors involved in enforcement, succeed in bringing these illegal practices to an end.

Like the perverse labour reforms introduced in 2011 by the conservative Spanish Government, the current Italian legislation allows workers who should by the nature of their work be employees to be forced to form part of a series of pseudo-cooperatives with the sole aim of evading their obligations, paying lower wages and worsening the protection of workers, or in brief of making them precarious, thereby evading the provisions of Article 4 of Convention No. 129. The Italian labour inspectorate cannot, and must not be an institution that focuses on reporting irregular migrant workers. It is right for this Committee to ask the Government to provide information on the time and resources devoted to this function which, as is recalled in Article 3(2) of Convention No. 81, may interfere with the effective discharge of the primary duties of the labour inspectorate, which, I quote, are: “to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours, wages, safety, health and welfare”.

Government member, Algeria– The Algerian delegation would like to thank the Government representative for providing replies to the questions raised by the Committee of Experts on the application of Conventions Nos. 81 and 129.

Italy is party to the international legal instruments on labour inspection and duly fulfils its international obligations in good faith. It should be emphasized that, through their work in providing guidance and information, undertaking inspections and issuing infringement notices, the labour inspection services monitor the failure to give effect to fundamental rights respecting labour relations and conditions, and consequently play an important role in the enforcement of those rights.

My delegation therefore welcomes the relevant information provided by the Government representative in the context of the efforts to ensure effective labour inspection in the agricultural sector, and in particular to identify any failure to meet contractual obligations towards the workers concerned, including migrant workers, and to ensure that workplaces are inspected as frequently and as thoroughly as necessary, particularly in relation to occupational safety and health.

Indeed, the Government representative’s answers describe the major measures taken to regularize the labour situation and working conditions of migrant workers and their related rights.

Moreover, the measures adopted to combat exploitation and illegal labour intermediation in agriculture; capacity-building for inter-provincial labour inspection services, including their personnel; the strengthening of their information systems, and coordination with public health and social security services, and the management of migration flows; and improvements in working methods and investigation techniques, and the prevention of illegal work in this sector in particular, undoubtedly contribute to strengthening protection for all workers, whether regular or irregular, and consequently to enforcing the rights guaranteed in labour law.

All these measures demonstrate Italy’s efforts to give full effect to Conventions Nos 81 and 129.

Finally, my country believes that issues relating to the general improvement of working conditions should be addressed as part of constructive and mutually beneficial dialogue with all actors, including farmers and representative trade union organizations.

In view of the commitments made, the Algerian delegation commends Italy on the results obtained to date and encourages the Government to continue working to strengthen the resources, capacities and prerogatives of the labour inspection services, in line with the national legal system and the international labour instruments in force.

Worker member, Republic of Korea – I would like to emphasize the importance of strengthening inspection capacity and control tools to identify and respond to the situation of exploitation, violence and harassment against workers and gender pay discrimination in agriculture as well as in the domestic sector.

The gender dimension of exploitation cannot be disregarded. We witness the feminization of migration and of poverty as a global phenomenon as more and more women are forced to leave home to support their families. In this situation, agriculture, domestic work, and sex work are the only options available for women, especially migrant women in irregular situations to work in the informal economy even under prohibitive conditions. Women working in irregular situations are vulnerable to the most serious forms of exploitation and abuse.

In Italy, there is a growing feminization of exploitation in the agricultural sector, among workers not only from other EU countries, especially Bulgaria and Romania, but also Italians to a much lesser extent. The tragic case of Paola Clemente, a women worker who died from fatigue while working in the agricultural sector in 2015, painfully reminds us of this. Paola died in the deafening silence of the Apulian countryside. There are more than 40,000 Italian women victimized by the Apulian “caporalato” or illegal forms of labour intermediation, who are facing the same silence. The reality of the exploitation of women workers affects the whole country and other sectors.

The Government of Italy particularly expressed its concern at the dire conditions of workers in the domestic sector and committed to strengthen labour inspection in this area, and this is well noted. I would like to draw the Committee’s attention to the lack of inspection in the sector. Violation and irregularities in the domestic sector continue to be under documented. In 2022, the Italian national inspectorate carried out only 1,055 inspections in the domestic work sector and found irregularities in 49.29 per cent of inspections. However, the number is insignificant considering that there are around one million employers of domestic workers, according to the Italian national social insurance agency. The Government, as one of the first countries that ratified Convention No. 190, should strengthen the National Labour Inspectorate so that it can proactively prevent and report gender-based violence and harassment in the agricultural sector, and this should be extended to domestic work and platform economy work. An alternative approach to tackle this specific area should be developed.

Worker member, Argentina – I should say that the Autonomous Workers’ Confederation of Peru endorses my intervention. I will therefore start by saying that in the case before us we note the efforts made by the Government of Italy, but we consider and reaffirm that these efforts have been totally inadequate.

The work of labour inspectors is fundamental to guarantee compliance with the labour rights set out in international conventions. The dramatic situation experienced by workers, particularly those in agriculture, aggravated by their situation as migrant workers, requires labour inspectors to be provided with Government support, which they are not receiving, both in terms of the current numbers of labour inspectors and the conditions under which they discharge their duties. Labour exploitation and the underground economy are clear and explicit signs of a sick and unlawful production system, which in many cases is allowed to continue, with the situation being further aggravated by organized crime.

It is necessary to emphasize that the violation of human rights is corroborated by the precarious situation of migrant workers, especially those in an irregular situation, and principally women and children who are subjected to child labour. They are very often hidden during inspections by those who exploit their labour and are the most painful face of new forms of modern slavery. For example, we can say that during each summer season, around 7,000 daily migrant workers, both steady and temporary, in the Capitanata region, provide cheap labour, especially for the tomato harvest, which accounts for one third of the total national production. The conditions of work there are dramatic in terms of the figures for exploitation and illegality. Moreover, over and above the sheer size of the harvest, processes for the mechanization of the harvest are very much delayed. The absolute exploitation can be seen not only in the irregularities in the payment of wages and the failure to comply with contractual requirements, but also include the generalized system of gangmasters with a high level of penetration by organized crime throughout the supply chain, which affects all aspects of the organization of work, from recruitment to transport, from accommodation to the payment of days worked, all of which is subject to insufficient controls.

Labour inspectors do not have the resources to discharge their duties effectively, which allows abuses by exploiters. Inspections relating to irregular migrant workers, even when it is found that they are being exploited, do not include any labour controls and no compliance notices are issued. Nor are any charges brought, to our knowledge, in institutions which could offer ‘special protection’, but action is limited to reporting them rapidly with the employer to the judicial authorities so that expulsion orders can be issued.

The shock between discharging the function of labour inspection and the legislation that requires irregularities to be referred to the criminal justice system needs to be changed. The Government’s solution of normalizing the situation through regular contracts has been applied in a very limited manner in view of the great number of cases. In this universe, labour inspectors are totally overwhelmed in relation to giving effect to the broad requirements set out in Article 6 of Convention No. 129, and particularly in paragraphs 1 and 2, as emphasized in the report of the Committee of Experts. Accordingly, in the absence of the reinforcement of their numbers and resources, their work is not giving effect to the objective set out in the Conventions under examination, and this is compounded by the fact that the human rights violations suffered by the many groups of migrants go beyond the wage exploitation and the working conditions from which they suffer on a daily basis.

Accordingly, while the irregular situation of immigrants continues to be a criminal offence, in accordance with sections 10bis, 12 and 22 of Legislative Decree No. 286/98, there cannot be full compliance with Conventions Nos 81 and 129, as the role played by inspectors will be ineffective. The irregular status of migrants must be decriminalized.

Interpretation from Arabic: Worker member, Tunisia – On behalf of the Tunisian General Labour Union, I will speak of the violations of Conventions Nos 81 and 129 by the Government of Italy which affect all foreign nationals arriving in Italy, in addition to the suffering of those who are lucky enough to escape drowning, death, the inhumane practices in camps and forced removal. The situation is therefore growing worse at workplaces.

Convention No. 81, in Article 3, defines the functions of the system of labour inspection as such, which guarantees the enforcement of legal provisions relating to conditions of work, such as those respecting health, work and the employment of young persons, and other issues. Normally, it is necessary to comply with these provisions and labour inspectors have to enforce them. In practice, over 97,000 Tunisian nationals live illegally in Italy, with 21,000 in Sicily, where Tunisian workers are exploited in the health and agriculture sectors. They suffer from inhumane conditions of work and treatment by gangmasters when they have to work in Italy.

When work is irregular, these workers need to have seasonal contracts which are partially renewed and which they must sign again during the course of the year. When these workers go from one enterprise to another, or from one region to another, the working conditions stay the same with unstable forms of employment.

This type of employment prevails everywhere in Italy since, in addition to a limited number of permanent employees, there are tens of thousands of workers whose contracts will soon expire. Among the cases examined in Sicily, there is often one permanent employee for every 40 seasonal workers, and the wages paid are inadequate. This is shown to a significant extent through the failure to publish administrative reports and the penalties, and particularly criminal penalties, imposed by labour inspectors in the event of violations.

As a result, in the case of inspections, the potential penalties do not exceed the minimum level, even though different types of measures should be adopted, as it is an important sector with much precarious work, and many of the wages are below the contractual average, including the minimum wage.

At the same time, in Syracuse, there are 20 labour inspectors for around 7,000 enterprises, meaning that the rate is one inspector for 350 enterprises. For the whole of Sicily, the rate is one inspector for 443 enterprises, or a total of 185 inspectors for some 80,000 enterprises, meaning there is one inspector for every 900 enterprises. That is why it is difficult to ensure compliance by enterprises with the rules and standards of decent work. Indeed, the figures show that there is insufficient dissuasion and insufficient capacity to change the attitudes of enterprises in relation to workers.

The ratification of the two Conventions by Italy encourages others to take the necessary measures through the application of strict national legislation on labour contracts, including provisions on decent working conditions, and the provision and assignment to labour inspectors of the capacity to discharge their functions with transparency, professionalism and impartiality, without any discrimination whatsoever, between local employees and foreign nationals.

We therefore have to improve the situation of workers, particularly in the countries of the South. We need to show solidarity between unions throughout the world so as not to lose the gains made by workers as a result of their important sacrifices, beginning in Chicago in 1886, when dozens of people were killed.

Worker member, United Kingdom of Great Britain and Northern Ireland – We note with concern the similarities between this case of labour inspection in Italy and issues regarding the United Kingdom that the Trades Union Congress (TUC) has raised with the Committee of Experts previously and which were the subject of extensive observations in 2020. We had noted that analysis of Government enforcement agencies shows that bodies tasked with protecting victims of modern slavery are also sharing information on their immigration status. Although in our case we have the concern that this threatens compliance by the United Kingdom with the Forced Labour Convention, 1930 (No. 29), and its 2014 Protocol. We note the interrelated nature of the fundamental principles and rights at work, and that of the bodies tasked with protecting victims, including the work of labour inspectors. Indeed, in the United Kingdom, the Immigration Act of 2016 makes it a legal requirement for information gateways to exist between immigration enforcement and enforcement bodies. We have seen the damage this has caused to the effectiveness of labour inspection.

Our own practical experience, as trade unions supporting garment workers in the exploitation-ridden city of Leicester, emphasizes the seriousness of this corruption of the role of inspectors. Where unions, community groups, NGOs and journalists have found multiple victims of modern slavery and other abuses over a long period of time, government agencies report few serious issues. The workers tell our representatives that this is because they are afraid to speak to the authorities in case their status or in some cases that of their fellow workers is reported to the immigration authorities. Their employers know this, and the most unscrupulous of them will exploit workers’ fear of speaking to inspectors to break labour laws with effective impunity. In short, by combining the duties of labour inspectors with those of immigration inspectors, they cannot effectively do their vital work, and workers suffer as a result. Effective labour inspection is crucial to the realization of fundamental workers’ rights. The obsession with immigration displayed by both of our Governments harms all workers.

And yet in Italy, while inspectors are all required to report on immigration, in other areas they are specifically prevented from intervening. A health and safety inspector who uncovers evidence of wage theft, for example, has no power to intervene. This says everything we need to know about the priorities of the Italian Government. The ILO’s own guidelines recognize the centrality of inspection with a clear inclusive mandate. Its most recent Guidance on general principles of labour inspection emphasizes, in point 1.1.1, that: “The mandate of labour inspection should apply equally to all workers and all workplaces in all sectors […] in the formal and the informal economy”. It also notes in point 1.3.1 that the range of regulatory oversight of labour inspection should include: “any aspect of legislation pertaining to conditions of work and the protection of workers, as defined by national legislation according to Article 27 of Convention No. 81, including […] the informal economy”.

The management of migration must not be prioritized over the realization of the fundamental principles and rights at work and other ILO Conventions. Labour inspectors must be allowed to do their vital work in an environment that gains the trust of workers. Only someone deliberately exploiting or endangering workers should fear inspection. We therefore urge the Government to wholly change this approach and allow inspectors, as Convention No. 81 sets out in Article 3.1(a), to “secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work”.

Observer, International Transport Workers’ Federation (ITF) – In the context of the Committee of Experts’ analysis of Italy’s application of Article 3(1) and (2) of Convention No. 81 concerning the additional functions entrusted to labour inspectors related to immigration, it would be pertinent to consider another segment of the economy where many migrant workers, some of whom are in vulnerable situations, are concentrated, namely the platform or gig economy. While data is hard to come by, the results of the European Trade Union Institute’s internet and platform work survey suggest that around 5 per cent of Italy’s gig workers in logistics are foreign born. It is also understood that migrant agricultural workers in the south of the country often travel north after the harvest season to work in other industries, like tourism, logistics, domestic work and the gig economy.

In October 2021, a tribunal in Milan found a manager of an intermediary private employment agency that procured workers for a large multinational food delivery platform to be guilty of gangmaster offences – the same unconscionable practice that has plagued Italy’s agricultural sector for years. In this case, investigators found that workers were subjected to degrading work conditions and paid €3 per ride, and had their tips confiscated. Prosecutors said the workers were extremely vulnerable migrants and asylum seekers from conflict areas, including Mali, Nigeria, Côte d’Ivoire, Gambia, Pakistan and Bangladesh. The prosecutor found one migrant delivery rider who worked 68 hours over the course of a week to have earned only €179.50. The prosecutor also concluded that some migrants were “punished” with an arbitrary reduction in their compensation if they violated the terms of their agreement.

More widely, following another 2021 investigation conducted jointly by the public prosecutor and a specialized branch of the labour inspectorate, the Comando carabinieri per la tutela del lavoro, four major multinational food delivery platforms were fined a staggering €733 million for health and safety violations and employment status misclassification. Indeed, the platform companies were ordered to hire their 60,000 riders as employees or para-subordinate workers. The action of the public prosecutor in the specialized branch of the labour inspectorate in these cases is commendable. Effective labour inspection and access to relevant data and records by the competent authorities is absolutely critical to ensure that the rights of platform workers, including migrant workers, are protected. This is why the mandate of the labour inspectorate should be extended to the platform economy with material resources made available to inspectors for this purpose.

As the UN Working Group on Business and Human Rights highlighted following an official ten-day visit to Italy in 2021, that: “Migrant workers, including from African and Asian countries, working in sectors such as agriculture, garment and logistics, are trapped in a cycle of exploitation, debt bondage and human rights abuses that must be broken […] This requires decisive action by the Government and business to provide decent work conditions for all workers”.

In this regard, while recognizing the ability to grant “special case” residence permits, for reasons of social protection and in particular cases of exploitation, we need to highlight the dangers of inspection personnel notifying the public security authorities of the presence of any irregular migrant workers as illegal entry to and residence in the State territory remains a criminal offence. If undocumented workers, including those in the platform economy, face immigration enforcement, they are less likely to raise complaints of abusive employment practices. Further, it will also be difficult for prosecutors and the inspectorate to build a case against an abusive employer if workers do not report these practices.

We trust that the Government will engage meaningfully with trade unions and employers to address the issues raised by the Committee of Experts in order to bring its legislation into conformity with the Conventions in question.

Government representative – I can conclude my previous remarks with three elements and then I will pass the floor to my colleague.

First of all, regarding the inspectors employed by the labour inspectorate, we can confirm that their number is sufficient and adequate to provide all the activities in the field of labour inspection and the concrete and effective protection of all workers. Of course, we can confirm that all Italian labour inspectors are public officials with stability of employment and are totally independent of the chains of government and from improper external influence. Their recruitment is prescribed by national law only on the basis of their qualifications, as expected in Italy for all public officials. Regarding their numbers, at the end of December 2022, the total number of inspectors coordinated by the national agency was just under 4,000. Last year, and we continued this year, the National Plan to combat undeclared work provided a total of 2,412 new inspectors for the National Labour Inspectorate. All inspectors, as we can confirm, are assigned to verifying compliance with labour and social protection at the national level without any distinction as to workers.

The second point is related to the question of the data on the recovery of wage and social security credits related to foreign workers without a residence permit. We can now provide inaugural information on the credits for social security, that in the last year 2022, are calculated by the national institute for social protection at just under €4 million. This is the total amount for all workers without a residence permit.

Finally, it is important to highlight that, on the basis of Italian legislation, the regular employment of migrant workers does not undermine the right of these workers without residence permits to benefit from a proper wage, social security contributions and provisions regarding work hours, health and occupational safety, as well as rights relating to the principle of non-discrimination for the protection of minors and working mothers. For specific elements and technical remarks, I would like to give the floor to my colleague from the national inspectorate.

Another Government representative – My colleague has already spoken about the question which was raised about the independence of labour inspectors in Italy. The first thing to note is that we have a specialized authority which is detached and separate from the Government, and this is a fact.

The whole legal system concerning labour inspection in Italy is intended to provide protection for workers. There is no confusion in that. Our system is traditionally based on sanctions, a sanction-based system. No sanction is issued in a labour inspection report to workers, whether or not they are migrants. The sanctions in the reports of labour inspectors in Italy are always for employers, who in such cases exploit workers, and in this specific case, migrant workers, whether or not they have regular work permits. This is an important point, because I have heard something which is not correct. Labour inspectors issue fines to employers, not to workers. So, this is a fact.

More technically, about coordination with other bodies, it has been said that there is no coordination at all, particularly with other inspectors in the social security system. Every month in each province of Italy there is a meeting between the labour inspectorate and the INPS. The person who said that probably does not know, but it has been like this throughout Italy since 2015.

About coordination with the occupational safety and health (OSH) system, which is new for labour inspection in Italy. We have traditionally worked on OSH matters in the building sector, now we have competence in all sectors. But this is very new, so it is true that we are implementing the system and that OSH inspectors in the regional system have very long competence and have worked in this field since the 1970s. So, in this sense, we have regional/local coordination between the National Labour Inspectorate (the State-level authority) and the regional OSH inspection system (regional/local OSH inspection authorities). In this way, every region has coordination in this specific field, so this is coordination as well.

More specifically, on the remarks made on tools and remedies; an important tool that we have, in addition to fines and sanctions in the strict sense of the term, we have compliance orders for the payment of unpaid salaries, which are orders issued by labour inspectors. This is an important tool which makes it possible to recover salaries, and more specifically decent salaries, because these orders refer to the salary set out in collective agreements at the national level. This is a tool and a remedy to which all migrant workers are entitled, whether or not they have a regular permit. This is another important point, as all migrant workers, whether or not they have a regular permit, have access to the settlement procedures which we have in labour inspectorates. So, we have settlement procedures to which migrant workers are also entitled, even though they do not have a regular permit in Italy. This is quite important to say as well, so there is access to that.

A further tool concerning this item is the administrative assessment in labour inspection reports of the social security contributions to which workers are entitled. This is a measure to which all migrant workers are entitled, whether or not they have a regular permit in Italy: access to the right to social security contributions, even in the informal economy. I have heard a comment about chains of subcontractors. In Italy we have a very widespread system of joint and several liability concerning the whole chain, which is quite an important measure concerning wages and social security contributions, and this is a measure which is activated by the National Labour Inspectorate. A very quick remark about the gig economy, where we have very obviously innovative legislation. Very recently in Italy we have extended the protection of the law provided to employed workers to gig economy riders, and this is implemented by the labour inspection system in Italy.

Finally, as I have less than one minute, just to say a very quick word about what happens in practice. I am the director of a small territorial labour inspectorate in the north of Italy where there are many migrant workers. We have seen that this new approach to inspection with the collaboration of the IOM is very important, not only in the six provinces where this is implemented, but even in my province where we do not have this implementation. In this context, we have met the officials of the IOM and cultural mediators in task forces in other territories, and we are importing these meetings to our province, and we are starting other new approaches, which are much more informal obviously. This means that this measure, contrary to what was said before, it is a measure that is not going to end and which has now been renewed for the next two years. But it is a new approach which is really important for those of us who work in the territory as labour inspectors, and it is resulting in an important change in cultural approach. Multi-agency collaboration is very important and changes the cultural approach of labour inspectors as well.

Employer members – We have listened carefully and thank the various speakers who took the floor for the interventions and detailed information provided. We reiterate that Conventions Nos 81 and 129 are priority governance Conventions, which therefore require special consideration by Governments, workers and employers. The Employers wish to stress once again the importance of compliance with ratified ILO Conventions. Considering the Committee of Experts’ observations in today’s discussions, the Employers recommend the Government of Italy to provide information on the number of migrant workers in an irregular situation detected by labour inspectors, and on the role of labour inspectors in informing migrant workers about their labour rights. We ask the Government to include in this information data on the recovery of wage and social security credits specific to workers without a residence permit, and the number of special case residence permits granted as a result of cooperation between inspection services. Finally, in line with the Committee of Experts’ observations, we request the Government to provide information on the resources of the labour inspectorate that are allocated to verifying immigration status in practice.

Worker members – We thank the Government of Italy for the information and clarifications provided. We also wish to thank the other speakers.

First, we wish to clarify three issues. The first is that in our intervention we never questioned the independence of inspectors. Second, it seems strange to us to say that 4,000 inspectors are sufficient when the Worker member of Italy has told us that enterprises know that their chances of being inspected are once every 15 years. And, third, we never said that inspectors punish workers, but that there is an indirect risk that inspection can lead to expulsion from the country. We therefore wish to reiterate our concern at the criminalization of illegal immigration and at the additional duties imposed on labour inspectors to inform the public security authorities of the presence of irregular immigrant workers. We recall once again that the primary duty of labour inspectors is to protect workers and not to enforce the Immigration Act. As a result, these additional duties are not compatible with Conventions Nos 81 and 129.

We call on the Government to repeal the laws and regulations which require labour inspectors to notify the public security authorities of the presence of any irregular migrant worker. We also observe with concern the ending of resident permits for ‘special cases’ which used to be granted to irregular migrant workers and those subject to exploitation, as well as the lack of disaggregated data on the recovery of wage credits and social security contributions due to migrant workers. We recommend that, instead of distancing irregular migrant workers even further from the formalization of their work, the Government should adopt measures for the enforcement of legal provisions relating to conditions of work and the protection of migrant workers, including by: facilitating recourse to rapid non-judicial remedies, such as conciliation mechanisms; increasing the penalties imposed on offending employers; establishing a guarantee fund to ensure compliance with the warnings and penalties imposed by labour inspectors and the rapid payment of wage arrears and the pending social security contributions of migrant workers; and the extension of the scope of labour inspection to platform work and domestic work. Specific measures should also be adopted in the long term to address the numerous violations of workers’ rights and cases of exploitation, including of migrant workers, in the agricultural sector.

In this regard, we encourage the Government to make use of the various existing tools, and in particular the comparative analysis undertaken by the ILO and the EU in 2020 on the protection and assistance provided to victims of labour exploitation. Furthermore, in view of the clear lack of coordination between the various bodies entrusted with labour inspection, the Government should take immediate measures, in accordance: on the one hand, with Article 5 of Convention No. 81, to draw up, in collaboration with the social partners, a labour inspection strategy that clearly determines the missions and functions of each body and service and strengthens cooperation and collaboration between them; and, on the other, in conformity with point 2.2.7 of the ILO Guidelines on general principles of labour inspection, to establish a tripartite process for the planning and follow-up of inspections. We call on the Government to create a database for the coordinated compilation of statistics between the various bodies and institutions entrusted with labour inspection. We urge the Government of Italy to seek ILO technical assistance to address the shortcomings identified and to ensure that Conventions Nos 81 and 129 are applied fully and effectively in the country.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with concern several issues regarding compliance with the Conventions, in essence related to labour inspection with respect to employment of migrant workers in an irregular situation.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- improve 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;

- consider the establishment of a tripartite consultative mechanism in line with the ILO Guidelines on General Principles of Labour Inspection to ensure the effective design, adoption and review of inspection policies, strategies, programmes and plans, including the strengthening of gender-responsive enforcement measures related to ascertainment warnings and the collection of unpaid wages and contributions;

- consider the establishment of a wages and contributions protection fund in consultation with the social partners to assure the payment of unpaid wages and contributions;

- extend the collection of statistical data regarding cases of failure to comply with contractual obligations to workers in an irregular situation, to ensure recovery of the credits for these workers, notably unpaid wages and social security contributions;

- provide the Labour Inspectorate with the necessary resources for effective labour inspection.

The Committee also requests the Government to continue to provide information on:

- the number of migrant workers in an irregular situation detected by labour inspectors;

- the role of labour inspectors in informing migrant workers about their labour rights and in enforcing those rights; and

- the number of “special case” residence permits granted and a result of cooperation by those individuals with inspection services.

The Committee invites the Government to avail itself of ILO technical assistance to effectively implement all of the Committee’s recommendations.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2023, on measures taken and progress achieved towards full compliance with the Convention.