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

Convenio sobre las trabajadoras y los trabajadores domésticos, 2011 (núm. 189) - Italia (Ratificación : 2013)

Otros comentarios sobre C189

Solicitud directa

2022
2016

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The Committee notes the observations of the Italian General Confederation of Labour (CGIL), received on 15 October 2019, as well as the observations of the Italian Confederation of Workers’ Trade Unions (CISL), the Italian Union of Labour (UIL) and the CGIL, received together with the Government’s 2019 report. The Government is requested to provide its comments in this respect.

Article 1 of the Convention. Definitions. The Committee welcomes the comprehensive information provided by the Government in its 2018 and 2019 reports. In particular, it notes withinterestthe signing on 8 September 2020 of a new National Collective Labour Agreement on the regulation of the domestic work relationship (the 2020 CCNL) which governs the working conditions of domestic workers in the country. The Committee notes the Government’s indication that, according to data from the National Social Security Institute’s (INPS) Observatory on Domestic Workers, in 2018 there were 859,233 domestic workers registered with the INPS, representing a decrease of 1.4 per cent with respect to 2017. The Government notes that this decrease is similar between men and women, although the domestic work sector remains highly feminized, standing at 88.4 per cent women in 2018. The Government notes that the Lombardy region has the highest percentage of domestic workers (18.1 per cent), followed by the Lazio region at 14.8 per cent, Emilia Romagna at 8.8 per cent and Toscana at 8.7 percent. More than half of all domestic workers in Italy are concentrated in these four regions. The Committee notes the observations of the CGIL, in which it expresses the view that the ratification of the Convention by Italy has not produced the improvements hoped for in terms of the working conditions of domestic workers. In addition, it notes the observations of the CGIL, CISL and UIL, which indicate that there are still unresolved issues that should be addressed as a priority, including with respect to undeclared migrant domestic workers, lack of maternity protection and burnout. The workers’ organizations point out that 88 per cent of domestic workers in Italy are female, and that some 60 per cent of these workers are in informal employment. The Committee requests the Government to continue to keep it informed of any developments in relation to the definition of “domestic work” or “domestic worker” under national legislation, collective agreements or court decisions. The Government is also requested to continue to provide updated information concerning the situation of domestic workers in the country, including statistical data disaggregated by sex and region, as well as information on measures taken to improve the situation of both national and migrant domestic workers.

Article 2. Exclusions. The Committee notes the Government’s reply, which responds fully to the questions raised.

Article 3(1), 2(a), and (3). Human rights. Fundamental principles and rights at work. The Government reiterates that domestic workers enjoy the same protections and fundamental rights accorded to other workers generally, including freedom of association and the effective recognition of the right to collectively bargain, freedom from forced labour and child labour, as well as from discrimination in employment. In particular, the Government stresses that collective bargaining plays a fundamental role in helping to ensure increased levels of protection for domestic workers. Taking into account the particular characteristics of domestic work, including frequent isolation in the domestic workplace and other barriers to freedom of association, especially for live-in migrant domestic workers, the Committee reiterates its request that Government describe in detail the manner in which domestic workers’ freedom of association and collective bargaining rights are effectively promoted and ensured in practice.

Article 4. Minimum age of domestic workers. The Government reiterates that the minimum age to enter domestic work is the same as that provided under the national legislation for all workers. The minimum age to access employment cannot be less than the age at which the 10-year period of compulsory schooling ends and in any event no lower than 16 years of age. The Government adds that, pursuant to section 4 of Law No. 339 of 2 April 1958 on the protection of the domestic work relationship, employers who intend to hire a minor to live in the household must obtain a written declaration of consent from the person exercising parental authority over the minor. The declaration must also be signed and endorsed by the mayor of the municipality where the minor worker resides. In addition, to be admitted to work, adolescents must undergo a medical examination to determine suitability, and the employer is required to take particular care of the minor worker’s physical, moral and professional well-being. With respect to the right of minor domestic workers to study, the Committee notes that section 23 of the 2020 CCNL requires the domestic employer to facilitate the attendance of the worker in school courses to achieve the compulsory school diploma or specific professional certificate. With respect to the right to professional training, the Committee notes that section 20 of the 2020 CCNL provides that full-time and permanent workers who have worked with the same employer for at least 6 months (reduced from 12 in the previous CCNL) are entitled to 40 hours of paid leave per year to attend professional training courses for carers, as well as for training necessary for the renewal of qualifications. Noting that the Government does not provide information with respect to compliance, the Committee once again requests the Government to provide information on the manner in which the measures taken to ensure that work performed by domestic workers below the age of 18 does not deprive them of compulsory education or interfere with their further education or vocational training opportunities are enforced in practice, especially given the particular characteristics of domestic work.

Articles 5 and 8. Effective protection against all forms of abuse, harassment and violence. Migrant domestic workers. The Government refers to Legislative Decree No. 198/2006, which sets out the Code on Equal Opportunities and affords protection to all workers against harassment in its section 26 on harassment and sexual harassment (citing Law No. 125 of 10 April 1991, section 4, paragraphs 2 bis, 2 ter and 2 quater). The Committee notes that the provision defines harassment and sexual harassment broadly and specifies that sexual harassment is also considered to be a form of discrimination. The Government also reaffirms that section 24 of Legislative Decree No. 80 of 15 June 2015 provides for a special paid leave for women subjected to gender-based violence. The Government indicates that the provision covers domestic workers and provides for the worker to receive full salary during the leave period as well as social service assistance, which may include the provision of shelter accommodation. With respect to migrant domestic workers, particularly illegal migrant workers from non-EU countries, who are at increased risk of abuse and exploitation, the Committee notes the 2018 amendments to Legislative Decree No. 286 of 25 July 1998, the Consolidated Text of the provisions concerning the discipline of immigration and rules on the condition of the foreigner (“TUI”), as amended by Decree Law No. 113 of 4 October 2018 and thereafter amended by Law No. 132 of 1 December 2018. The Government indicates that these amendments ensure effective protection for migrant workers, including illegal migrant domestic workers, who are victims of abuse and exploitation. Pursuant to section 22, paragraph 12 bis of the TUI, if the illegally hired migrant worker presents a complaint against the employer and cooperates with criminal proceedings, subject to a favourable decision of the public prosecutor, the competent police chief may issue the worker with a special residence permit enabling the worker to carry out work. The permit can be converted to a residence permit on its expiration. In this respect, the Committee notes the observations of the CGIL, in which it indicates that 73 per cent of the domestic work force in Italy is made up of migrant workers, noting that immigration laws are therefore of great importance. Referring to the TUI, the CGIL indicates that the procedure provided in the TUI enabling an irregular worker to file a complaint against the employer means that the worker will lose his or her job, which in domestic work also includes housing. It adds that this procedure does not take into account the state of subordination and blackmail faced by migrant domestic workers in irregular situations. The Committee notes the observations of the CGIL, the CSIL and the UIL, highlighting that undeclared work in the domestic sector is high at 40 per cent, and indicating that it is necessary to envisage a policy that begins with the regularization of migrant workers and ends with introducing tax measures aimed at deterring the high rate of undeclared work. With respect to the provision of paid leave for victims of gender-based violence, the worker organizations consider this to be a good practice, but consider that the 3-month leave period should be extended to 6 months. The Committee requests the Government to provide updated information on the impact of the measures taken to prevent violence, harassment and abuse of domestic workers, regardless of their migration status. It further reiterates its request that the Government indicate how it is ensured that domestic workers, including migrant domestic workers, are informed of the protections against violence, harassment and abuse that are available to them under the national legal framework.

Article 6. Fair terms of employment, decent working and living conditions. The Committee reiterates its request that the Government describe the manner in which the measures taken to ensure fair terms of employment and decent working and living conditions for domestic workers are applied in practice.

Article 7. Information on terms and conditions of employment. The Government reiterates its previous reference to Legislative Decree No. 152 of 26 May 1997 (implementing Directive 91/533/EEC concerning the employer’s obligation to inform the worker of his or her terms and conditions of work. The Committee notes that section 1 of the Legislative Decree requires the employer to inform the domestic worker within 30 days of the date of recruitment of the identity of the employer, the usual place of work, the date of commencement of the employment, its duration and the type of contract, the duration of the trial period, if any, classification, level and qualification of the worker or brief description of the job, the initial amount of remuneration and related elements, indicating the payment period, the duration of paid holidays, the working hours and rest periods, and the terms of notice in the event of dismissal. Section 6 of the 2020 CCNL also refers to these particulars and requires the employer to provide the domestic worker with a copy of the written letter of employment signed by both parties. It further specifies that any changes in contractual conditions must be agreed. Pursuant to section 40 of the 2020 CCNL, either party may terminate the employment relationship, in accordance with the notice periods and according to the procedures established in the agreement. In addition, section 41 of the 2020 CCNL provides for the payment of a severance indemnity, in accordance with Law No. 297 of 29 May 1982. The Committee reiterates its previous request that the Government provide information, including statistical data, regarding the manner in which the provisions of this Article are applied in practice, particularly in the case of migrant domestic workers, and to provide information on the number of incidents of undeclared work identified and the sanctions imposed.

Articles 9 and 10. Freedom to choose whether to reside in the household. Measures ensuring appropriate rest and leave. Possession of travel and identity documents. The Committee notes that, while the Government indicates that the individual employment contract must indicate whether or not the domestic worker will reside with the employer, it does not indicate the manner in which it is ensured that the domestic worker is free to choose whether or not to reside in the employer’s household, as required by Article 9(c) of the Convention. With respect to the domestic workers’ identity and travel documents, the Committee notes that section 4 of the 2020 CCNL (work documents) requires the domestic worker to present certain documents (such as identity card, health card and residence documents) to the employer for inspection upon commencing employment. With respect to hours of rest, the Government refers to the jurisprudence of the Cassation Court, holding that an employer who does not respect the workers’ 11 hours of consecutive rest (provided for under section 14 (4) of the 2020 CCNL) may be fined for labour exploitation. Nevertheless, the Government reiterates that domestic workers, especially live-in workers, may be required to work beyond their established hours (without affecting the daily rest period) (section 15 (1) of the 2020 CCNL). The Committee notes that section 14(1) of the 2020 CCNL provides for different working hours for live-in and live-out domestic workers: the maximum hours for live-in domestic workers being set at 10 hours per day and 54 hours per week, and the hours applicable to live-out domestic workers being set at 8 hours per day and a maximum of 40 hours per week. With respect to overtime, section 15 (3) of the 2020 CCNL provides that overtime work in excess of the maximum daily or weekly duration established under article 14(1) of the CCNL must be compensated as overtime. The Committee notes that overtime hours worked by domestic workers who live out are compensated at a lower rate (section 15 (4) of the CCNL). The Committee also notes the observations of the CGIL, CSIL and UIL expressing the view that burnout should be addressed, particularly among migrant domestic women. The Committee requests the Government to describe the manner in which it is ensured that the domestic worker is free to choose whether or not to reside in the employer’s household. It also requests the Government to indicate how it is ensured that the domestic employer may not retain the domestic worker’s documents after they have been inspected. In addition, the Government is requested to indicate the measures taken to ensure equal treatment of both live-in and live-out domestic workers and workers generally in relation to hours of work, overtime compensation, periods of daily and weekly rest and paid annual leave, as called for under Article 10(1) of the Convention. It also reiterates its previous request that the Government specify the laws, regulations or collective agreements giving effect to the provisions of Article 10(3) of the Convention.

Article 11. Minimum wage. The Committee notes the information provided by the Government, which responds fully to its previous comments.

Article 12(2). Payment in kind. The Committee notes the information provided by the Government, which responds fully to its previous comments.

Article 13. Occupational safety and health. The Government reiterates that section 35 of the CCNL (on board and lodging) establishes, among other things, that “the working environment must not be harmful to the physical and moral integrity of the [domestic worker]”. In addition, section 6 of Law No. 339/1958 provides that, where board and lodging are provided, the domestic employer must ensure that the domestic worker has healthy and sufficient nutrition and respect the domestic worker’s dignity and moral freedom. The domestic worker is also required to inform the domestic employee of any risks in the workplace, including risks relating to the use of equipment and exposure to particular chemical, physical and biological agents. The Committee invites the Government to provide updated information on the manner in which these provisions are applied in practice, particularly in the case of live-in domestic workers. It also reiterates its request that the Government provide information concerning the consultations held in this respect with the social partners as well as with organizations representative of domestic workers and of their employers.

Article 14(1). Social security protection. The Government reiterates that domestic workers enjoy conditions that are no less favourable than those applicable to other workers in the area of social security, including maternity protection. The Committee notes that in the minutes included in section 25 of the 2020 CCNL, the social partners signatories to the CCNL stated that, in order to extend the protections of working mothers, they will promote every useful initiative to entities, bodies and institutions, taking into account the particular conditions existing within households that employ domestic workers. In its observations, the CGIL indicates that the right to paid maternity leave (two months before and three months after the birth) is provided for under national legislation, but that the prohibition of dismissal during the period from the pregnancy until the child reaches one year of age does not apply to domestic workers, as it does to other workers generally. The CGIL points out that the CCNL provides protection from dismissal, but only until the child reaches the age of three months, so that the domestic worker may be dismissed upon returning to work at the end of the maternity leave. Moreover, domestic workers are not entitled as other workers to an additional 6 months of paternity leave to care for the child, nor are they entitled to three days of leave per month if there is a family member with a severe disability. The CGIL notes that domestic workers do not enjoy the same entitlement to paid sick leave as other workers generally. It adds that the social security contributions of domestic workers do not take into account the salary actually received, while the benefits are also calculated on a lower basis, unlike the case of other workers. In their observations, the GCGIL, CISL and UIL affirm their willingness to work toward introducing equal protections for domestic workers in this regard. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that domestic workers have access to social security protection, including paid maternity leave, protection from dismissal after maternity and paid sick leave as well as other benefits that are no less favourable than those enjoyed by other workers generally. It requests the Government to keep it informed of any developments in respect to the legal framework concerning the application of Article 14.

Article 15(1)(a), (b) and (e). Conditions for the operation of private employment agencies. Fee charging. The Government reports that Legislative Decree No. 276/2003, as amended, establishes specific procedures for the authorization and subsequent registration of private employment agencies in the specific sections of the register managed by the National Agency for Active Labour Market Policies (ANPAL). The register includes agencies specialized in placing domestic workers in employment. The Government adds that close collaboration between the ANPAL and the National Labour Inspectorate (INL) is essential to prevent abuses or fraud and that the legal framework provides for an ad hoc procedure enabling the ANPAL to verify violations. The Committee notes that section 5(2)(c) of Legislative Decree No. 276/2003 requires agencies to provide a financial guarantee to ensure compliance by EU employment agencies operating in Italy of their financial obligations, with a view to protecting temporary workers, including domestic workers. The Committee requests the Government to continue to provide updated information in relation to the impact of the measures taken to investigate and address complaints, alleged abuses and fraudulent practices in relation to both national and migrant domestic workers.

Articles 16 and 17. Complaints mechanisms and access to justice. Labour inspection. The Committee notes the information provided by the Government on the individual conciliation and warning process available under the Code of Civil Procedure. In particular, it notes that the Territorial Labour Inspectorates (ITL) received 43,725 requests for intervention (compared to 42,443 in 2017). Of the 10, 157 conciliations carried out with both parties, over 78 per cent were resolved with a positive outcome. In addition, the warning procedure used to recover sums due to domestic workers had a high (98 per cent) rate of compliance (in 10,306 cases out of a total of 10,567). The Government adds that labour inspectors are also engaged on an ongoing basis in carrying out prevention and promotional initiatives under section 8 of Legislative Decree No. 124/2004 to promote compliance with the applicable labour regulations governing the domestic employment relationship. The Committee nevertheless notes the observations of the CGIL, which indicates that inspectors are precluded from accessing the household workplace. The Committee requests the Government to continue to provide updated information on the manner in which Articles 16 and 17 of the Convention are given effect in practice.

Application of the Convention in practice. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex and region, concerning the manner in which the provisions of the Convention are applied in Italy, including copies of jurisprudence relating to the principles of the Convention, extracts from inspection reports, information on the number and type of violations detected and sanctions imposed.