European Committee of Social Rights: the Collective complaints against Italy in 2023

In 2023, the European Committee of Social Rights received two collective complaints against Italy.
Complaint No. 223/2023 submitted by Dirigentiscuola (Associazione professionale sindicale dirigenti area istruzione e ricerca- Syndical professional association education and research area executives) on 15 March 2023. The complaint concerns Article E (non-discrimination) in conjunction with Article 2 (right to just conditions of work), Article 4 (right to a fair remuneration), Article 20 (the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the ground of sex), Article 22 (the right to take part in the determination and improvement of the working conditions and working environment), and Article 26 (the right of dignity at work) of the revised European Social Charter. Dirigentiscuola claims that Article 25 of Decree-Law No. 165/2001 (General rules on the organisation of employment in the public administrations/ Norme generali sull'ordinamento del lavoro alle dipendenze delle amministrazioni pubbliche) though recognizes the status of manager for school directors, the country still hasn’t ensured equal salaries for school directors and other State managers of the same rank. Inequality in salary, according to the Association, violates the provisions mentioned in the Charter.
On 13 November 2023, the Committee received a complaint No. 232/2023 related to Article 5 (the right to organize), Article 6 (the right to bargain collectively) and Article 12 (the right to social security) of the revised Charter. The complaint was submitted by the Associazione Nazionale per l'industria e il Terziario- ANPIT (The National Association for Industry and the Tertiary Sector) and the Confederazione Italiana Sindacati Autonomi Lavoratori- CISAL (The Italian Confederation of Free Workers' Unions). The organizations allege that during the Covid-19 emergency, the Italian legislation that regulates the access to the wage supplementation fund was discriminatory and unfair. The reason for this biased treatment is the requirement to conclude an agreement with relatively the most representative trade unions at the national level. In some cases, other trade unions that appear less widely represented have been excluded, undermining the trade unions’ actual capacity of representation and their ability to sign the minutes of agreement.