In respect of Italy, the European Committee on Social Rights (ECSR) examined the follow-up to decisions in four collective complaints concerning:

• gender pay discrimination in University Women of Europe (UWE) v. Italy (no. 133/2016, decision of 5 December 2019);
• restriction on the right to organize of members of the Guardia di Finanza, and absolute prohibition of the right to strike imposed on their members in Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (no. 140/2016, decision of 22 January 2019);
• absence of effective safeguards for public education staff against abuse arising from the undue recourse to fixed-term contracts in Confederazione Generale Sindacale (CGS) v. Italy (no. 150/2017, decision of 4 April 2022  and Associazione Professionale e Sindacale (ANIEF) v. Italy (no. 146/2017, decision of 7 July 2020).

The ECSR found that the situation raised in the UWE v. Italy case has not been brought into conformity with Article 20.c (terms of employment and working conditions, including remuneration) of the  European Social Charter (Revised)  due to lack of insurance of the obligation to collect statistical data on pay and failure to take sufficient measures to promote equal opportunities between women and men in respect of equal pay.

Another case (CGIL v. Italy in 2019) was examined by the ECSR, found that the situation has been brought into conformity with Article 6.2 of the Revised Charter on the grounds that the representative bodies of Guardia di Finanza were not provided with the means to effectively negotiate the terms and conditions of employment, including remuneration. 

Regarding Article  5 of the Revised Charter, the ECSR found that while the requirement for the establishment of trade unions or professional organizations by the members of Guardia di Finanza is subject to the prior consent of the Minister of Defence was brought in conformity with the Revised Charter,  the absolute prohibition on members of Guardia di Finanza to join “other trade unions” was found disproportionate, and thus not in conformity with the Revised Charter. 

Concerning Article 6.4 of the Revised Charter, the ECSR found that the situation cannot be considered in compliance with the Revised Charter due to the absolute prohibition of the right to strike imposed on members of the Guardia di Finanza.

The other two cases (CGS v. Italy and ANIEF v. Italy)  raised the issues of the absence of effective safeguards for public education staff against abuse arising from the undue recourse to fixed-term contracts 

The ECSR found that the situations for both cases have not been brought into conformity with Article 1.2 of the Revised Charter, due to the disproportionate interference with the rights of public education staff not registered on the ERE lists, as a result of the absence of effective preventive and remedial safeguards against abuse arising from the undue recourse to fixed-term contracts.