Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

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Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1952)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1981)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors related to immigration. The Committee previously noted the Government’s indication on the actions taken by labour inspectors regarding the regularization of employment relationship of migrant workers in an irregular situation, as well as the related rights granted to them. The Committee also noted that inspection personnel shall notify 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.

The Committee notes that, according to the report of the Government, when inspections reveal failures to comply with contractual obligations, therefore creating financial credits for workers, the labour inspectors may, through a certified notice of findings, ensure the recovery of the credits (wages, social security, etc.) of the concerned workers, including foreign workers without regular residence permit. The Government indicates however, 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 residence permit.

In reply to the previous Committee’s comment, the Government also indicates that the current system for monitoring results of inspection activities by the National Labour Inspectorate’s (INL) regional offices identifies the number of migrant workers without work permits encountered in the course of inspections (778 in 2020 and 739 in 2021), but does not record data specific to the delivery to those workers of the information sheet, introduced by the Interministerial Decree of 2007 and implementing section 1(3) of Legislative Decree No. 109/2012.

The Committee also notes that, pursuant to sections 18 and 22 (12-quater) of Legislative Decree No. 286/1998, residence permits may be granted to concerned workers in “special cases”, for reasons of social protection and in cases of particular exploitation. The Committee notes that for granting such permit, the irregular migrant worker in an exploitative situation is required to file a complaint and cooperate in the criminal proceedings against the employer. The Committee also notes that according to section 22 (12-sexies) of the same Decree, this residence permit allows for work to be carried out and can be converted, upon expiry, into a residence permit for employment or self-employment. The Government indicates that this special residence permit is a useful tool to encourage migrant workers in an irregular situation to cooperate with inspection services, without fearing negative repercussions, such as losing their jobs or being deported. The Government also refers to inspection activities carried out within the three-year Plan against exploitation and gangmasters in Agriculture (2020–2022), through two projects financed respectively by the European Commission (SU.PR.EME Italia) and the Ministry of Labour and Social Policy (A.L.T. Caporalato!). It states that the inter-provincial inspection task forces, the multi-agency working method and the collaboration between public and private entities contribute to improving the situation of migrant workers.

The Committee further notes that, as previously reported, the Government indicates that labour inspectors shall communicate the presence of migrant workers in an irregular situation to the public security authority and that illegal entry and stay in the country and the employment of workers without permit are defined as offences by sections 10bis and 22(12) of Legislative Decree No. 286/1998. The Committee requests the Government to continue 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 and in enforcing those rights, including: (i) improved data on the recovery of wage and social security credits specific to foreign workers without a residence permit; and (ii) the number of “special case” residence permits granted and a result of cooperation by those individuals with inspection services. It also requests the Government to provide information on the time and 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.

The Committee is raising other matters in a request addressed directly to the Government.