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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Italy (Ratification: 1981)

1. With reference to its previous comments, the Committee notes the Government's reports which were received in June and December 1989. As regards the application of Articles 8, paragraph 2, and 14(a) of the Convention the Committee notes the Governnent's statements that workers from countries that do not belong to the EEC, who are registered on lists of jobseekers, enjoy the same conditions of access to employment as Italian and Community workers and, where appropriate, the right of access to other jobs. Similarly, when they have completed their first two years' employment in Italy, these workers have free choice of employment, in the same way as Italian nationals and workers from a member State of the EEC. The Committee has also been informed of the adoption of Legislative Decree No. 416 of 30 December 1989 and notes with interest that this legislation provides, among other measures, for the regularisation of the situation of workers who are nationals of countries that are not members of the EEC, both for employees and self-employed workers.

2. As regards the other points raised in its comments, the Committee notes that the Government's reports do not contain the information that was requested. It is therefore bound to take up the matter once again and requests the Government to supply information on the following points:

(a) Article 6, paragraph 2, of the Convention. Please indicate the provisions under which effect is given to this provision of the Convention, by virtue of which, where an employer is prosecuted for the illegal employment of migrant workers, he must have the right to furnish proof of his good faith.

(b) Article 14(c). In its previous reports, the Government indicated that public offices and "functions relating to the definition of the will of the State" ("funzioni che attengano alla definizione della volontá dello Stato") are reserved for Italian nationals. Please give further details on the nature of these offices and functions.

3. The Committee notes with interest the statistical data supplied with the reports and requests the Government to continue supplying such data.