Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report and attached documentation.

1. In previous comments, the Committee has noted the Government's position that the persistence of salary differentials between men and women is largely due to the greater family responsibilities assumed by women in comparison to men, which have a significant impact on their participation in the labour market and their management of time. Consequently, to assist workers in balancing their work and family responsibilities, the Government amended legislation regulating working hours. Section 13 of Act No. 196/97 provides for a maximum 40-hour work week and encourages the use of reduced and flexible work hours, giving the task of defining the Act's application to the collective bargaining process. Further, the Committee notes with interest the enactment of Directive 27/3/97 which, inter alia, promotes the reorganization of working hours to permit men and women workers, depending upon their stage of life, to reconcile their family and professional obligations and to acquire additional training and instruction to further their professional development. The Committee takes particular note of paragraph 7 of the Directive, which contemplates tripartite efforts to promote the adoption of policies permitting flexible and part-time work hours. Paragraph 7 contemplates various objectives to promote equal opportunity for men and women workers, including conducting periodic studies on workers' use of time, recognizing the value of care-giving work and promoting the full enforcement of Act No. 125 of 10 April 1991, particularly that portion of the Act concerning the prosecution of violations involving indirect discrimination. The Committee asks the Government to keep it informed on the application and impact of the Act and the Directive, as well as on any other measures taken to permit men and women workers to balance family and professional responsibilities and the impact of these measures on the existing wage gap.

2. With regard to the situation of women workers in the public sector, the Government's report indicates that women hold 22 per cent and 24 per cent of managerial positions in the central and local governments, respectively. The Committee notes with interest that the participation of women in the judiciary has now increased to 30 per cent. The Government report refers to Directive 27/3/97, which contemplates taking positive action to ensure the significant presence of women in all positions of the public sector and undertaking studies to analyse the impact of various factors on women's access to positions of decision-making authority and to propose appropriate changes in the public sector workplace. The Committee requests the Government to continue to supply information on the content and impact of any positive action plans undertaken in this regard as well as on the impact of Legislative Decree No. 29/1993, and the results of any studies conducted on women's access to positions of decision-making authority in the public sector. The Government is also asked to continue to provide statistical data on the distribution of men and women in different occupational categories and at different levels of the public sector, showing actual hourly earnings disaggregated by sex.

3. The Committee takes due notice of the Government's statement that statistics on the average earnings of men and women workers are still not available at the national level. The Committee understands that the conflict regarding the application of section 9 of Ministerial Decree of 8 July 1991 has now been resolved, requiring enterprises to provide the Government with detailed information regarding their employees, including gender disaggregated data. In connection with the problem of the wage gap, the Committee notes that the figures contained in the National Council of Economy and Labour Study show significant levels of vertical occupational segregation, although the extent of the disparity varies widely, depending upon the sector of economic activity, from female managers of large businesses (3 per cent) to women managers in advertising firms (35 per cent). The study also shows that women are greatly underrepresented at higher levels in the academic sector (only 3.1 per cent of rectors are female). In order to permit the Committee to evaluate the application of the principle of the Convention, the Government is again asked to provide, in its next report, up-to-date statistics in accordance with the general observation on this Convention.

4. The Government's report indicates that numerous initiatives have been taken by the Government and its social partners to disseminate information regarding Act No. 125/1991, but that no judicial decisions regarding salary discrimination have yet been handed down. In light of the language in Directive 27/3/97 calling for full enforcement of Act No. 125 of 1991, particularly that portion of the Act concerning the prosecution of violations involving indirect discrimination, the Committee asks the Government to continue to supply information regarding the number of prosecutions conducted for violation of Act No. 125/1991 and the outcome, including copies of any jurisprudence issued relevant to the principle of the Convention.

5. With regard to the Government's efforts to curtail the caporolato scheme of illegal contracting, the Committee notes the information contained in the report regarding Act No. 608 of 28 November 1996 which introduced greater flexibility in the hiring process and imposed stricter compliance with the social security system to prevent use of unregistered labour. The Committee further notes the reference in the report to section 1(3) of Act No. 196/97 providing for the experimental use of temporary labour contracts in the agricultural sector. Further to its previous comment, the Committee again requests the Government to supply information on the follow-up given to the Senate Labour Commission Investigative Committee's recommendations on strengthening the monitoring of violations of the principle of equal remuneration between men and women in the agricultural sector.