Italy - 2011

Population:
Capital: Rome

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

Recovery from the economic crisis has been slow, with growth in 2010 estimated at only 1%. Unemployment has risen, especially among young adults in southern Italy. The Italian government also hiked the pension age for female public servants from 60 to 65.

Trade union rights in law

Trade union rights are adequately protected in the law. Freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
is guaranteed both in the Constitution and in the Workers’ Statute - the country’s main labour law - and the law also prohibits anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

. However, the right to reinstatement is only available where the employer employs more than 15 workers in a unit or more than 60 workers in total. The right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is also secured, and concluded collective agreements are legally enforceable.

The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is enshrined in the Constitution, which stipulates that the right shall be exercised according to law. Nevertheless, the right is mostly interpreted by case law since the only law on strikes that exists regulates public essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is problematic in these essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
as the duration of and the reasons for a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
must be announced in advance.

In practice

Migrant workers in precarious situations: Italian legislation does not guarantee equal rights, conditions and protection to migrant workers as compared to Italian citizens. Migrant workers are excluded from public sector jobs, and there are differences in reciprocity agreements on pensions as well as access to social housing. With regard to welfare safety nets and policies for re-employment there is equality of rights, but migrant workers face a limitation of six months due to the term of the permit to stay in the country while seeking employment. The three Italian trade unions have appealed to the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
to examine possible violations of ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
conventions 143 on migrant workers. The Confederazione Generale Italiana del Lavoro (CGIL) has also requested the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
to examine possible violations of conventions 29 and 105 on forced labour with regard to undocumented migrant workers in the agriculture sector in Rosarno, in the Calabria region in southern Italy.
Lack of collective bargaining in the public sector: Since 2009 the government has clamped down on public sector employees, imposing changes to the employees’ working conditions without proper consultation with the unions. In 2009 it froze public salaries for the following four years and also introduced job cuts, cancelling all precarious contracts in public education, in public research and in public administration in general. For the public education sector only this meant a job loss of about 150,000 employees. In 2010 the government also proceeded to extending the retirement age for female public servants from 60 to 65, again without prior consultation with the social partners social partners Unions and employers or their representative organisations. . The government also introduced a new general system to put off the retirement age for one or two years for everyone reaching the legal pension age.

Violations

Government hinders election of workers’ representatives: The government has also blocked a scheduled re-election of workplace representatives in the public sector. According to the law these elections shall be held every three years, and so they were scheduled for November 2009 for the public education sector and for November 2010 for the other public sectors. The elections also have the purpose of measuring the general representativity of national unions, which is useful when determining the authorised working hours to spend on trade union activities and the right to participate in the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process. As the elections are not general national elections but elections at the level of any local unit held on the same day, the Confederazione Generale Italiana del Lavoro (CGIL) asked the government to confirm the scheduled dates. The government failed to respond to the CGIL’s request, thus hindering the elections.
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