Article 2

Article 2 | Paragraph 1 

The European Committee of Social Rights assessed Italy’s compliance with Article 2.1 of the European Social Charter on reasonable working time. A key concern remains the lack of change in legislation allowing seafarers to work up to 72 hours per week, which had previously been found non-compliant. While Italy maintains its laws are in line with EU standards, the Committee has postponed its judgment on this issue.

Italian law sets a 48-hour weekly limit, including overtime, with escalating fines for violations. Inspections in 2020 revealed numerous breaches, especially in the service and manufacturing sectors. The Committee also highlighted risks related to remote work and emphasized the need for a “right to disconnect” to protect rest time. Regarding on-call work, it questioned the classification of passive standby as rest time and requested more information.

In conclusion, the Committee deferred its final conclusion, awaiting further details from Italy on seafarers’ hours, on-call time, and remote work protections.

Article 2 | Paragraph 2 

The European Committee of Social Rights assessed Italy’s compliance with Article 2.2 of the European Social Charter, which guarantees the right to paid public holidays. The review focused on whether workers who perform duties on public holidays receive adequate compensation, both in pay and compensatory time off.

Italian law does not treat the right to rest on public holidays as absolute, but case law ensures that employees cannot be forced to work those days without consent. If work is performed, it must be paid with an additional increase, determined by collective agreements. One example cited provides either a 50% pay increase or a combination of compensatory leave and a 10% pay increase. However, these measures fall short of the Charter’s standard, which requires at least double compensation—either through pay or time off. No information was provided regarding specific Covid-19-related arrangements.

In conclusion, the Committee found that Italy does not comply with Article 2.2, as work on public holidays is not adequately compensated.

Article 2 | Paragraph 3 

The European Committee of Social Rights reviewed Italy’s compliance with Article 2.3 of the European Social Charter, which guarantees the right to annual paid leave. Since the previous conclusion in 2014 found Italy to be in conformity with the Charter, no further review was conducted in 2022, and no new information was required. The report did not provide specific updates related to the Covid-19 pandemic. Nevertheless, the Committee upheld its previous position.

In conclusion, the Committee confirms that Italy remains in conformity with Article 2.3 regarding annual holiday with pay.

Article 2 | Paragraph 4 

​The European Committee of Social Rights assessed Italy's compliance with Article 2.4 of the European Social Charter, which pertains to the right to additional paid holidays for workers engaged in dangerous or unhealthy occupations. In its previous evaluation, the Committee found Italy to be in conformity with this provision. As no new information was required or provided in the latest reporting cycle, the Committee reiterated its earlier conclusion.​

In conclusion, Italy remains in conformity with Article 2.4 of the Charter, affirming that workers in hazardous or unhealthy jobs are entitled to appropriate additional paid holidays.

Article 2 | Paragraph 5

The European Committee of Social Rights assessed Italy's compliance with Article 2.5 of the European Social Charter, which guarantees the right to a weekly rest period. In its previous evaluation, the Committee found Italy to be in conformity with this provision. As no new information was required or provided in the latest reporting cycle, the Committee reiterated its earlier conclusion.​

In conclusion, Italy remains in conformity with Article 2.5 of the Charter, affirming that workers are entitled to a weekly rest period.

Article 2 | Paragraph 6 

​The European Committee of Social Rights assessed Italy's compliance with Article 2.6 of the European Social Charter, which pertains to the right of workers to be informed and consulted on health and safety matters. In its previous evaluation, the Committee found Italy to be in conformity with this provision. As no new information was required or provided in the latest reporting cycle, the Committee reiterated its earlier conclusion.​

In conclusion, Italy remains in conformity with Article 2.6 of the Charter, affirming that workers are appropriately informed and consulted on health and safety issues.

Article 2 | Paragraph 7 

The European Committee of Social Rights assessed Italy's compliance with Article 2.7 of the European Social Charter, which pertains to the right of workers performing dangerous or unhealthy work to a reduced working time or additional paid leave. In its previous evaluation, the Committee found Italy to be in conformity with this provision. As no new information was required or provided in the latest reporting cycle, the Committee reiterated its earlier conclusion.

In conclusion, the Committee concludes that the situation in Italy is not in conformity with Article 2.7 of the Charter on the ground that employee representatives are not consulted regularly on the conditions relating to night work and on measures taken to reconcile employees’ needs and the special nature of night work.

Article 4

Article 4 | Paragraph 1 

​The European Committee of Social Rights assessed Italy's compliance with Article 4.1 of the European Social Charter, which guarantees the right of workers to a fair remuneration sufficient for a decent standard of living.​

In conclusion, the Committee reaffirmed Italy's situation is in conformity with Article 4.1 of the Charter. This indicates that the minimum wage levels in Italy are considered adequate to ensure a decent standard of living for workers.

Article 4 | Paragraph 2 

​The European Committee of Social Rights assessed Italy's compliance with Article 4.2 of the European Social Charter, which guarantees the right of workers to increased remuneration for overtime work. In its previous evaluation, the Committee found Italy to be in conformity with this provision. As no new information was required or provided in the latest reporting cycle, the Committee reiterated its earlier conclusion.​

In conclusion, Italy remains in conformity with Article 4.2 of the Charter, affirming that workers receive appropriate compensation for overtime work.

Article 4 | Paragraph 3 

The European Committee of Social Rights assessed Italy’s compliance with Article 4.3 of the European Social Charter, which guarantees the right to equal pay for work of equal value. Although legislation formally recognizes the principle of equal pay, the Committee found shortcomings in its practical implementation. In particular, there are insufficient guarantees ensuring pay transparency and effective remedies in cases of pay discrimination. The Committee also noted a lack of sufficient powers and resources for equality bodies to address gender-based pay gaps.

In conclusion, Italy is not in conformity with Article 4.3 of the Charter on the ground that the obligation to recognise and respect the principle of transparency of remuneration in practice is not complied with.

Article 4 | Paragraph 4 

The European Committee of Social Rights assessed Italy's compliance with Article 4.4 of the European Social Charter, which guarantees workers a reasonable period of notice for termination of employment. The Committee noted that the report did not provide updated information on notice periods or compensation applicable to various employment situations, including early termination of fixed-term contracts, probationary periods, and termination for reasons outside the parties' control. 

In conclusion, Italy is not in conformity with Article 4.4 of the Charter, as certain notice periods are manifestly unreasonable for certain workers with up to five years of service, with five to 10 years of service, and with more than 14 years of service.

Article 4 | Paragraph 5 

The European Committee of Social Rights assessed Italy's compliance with Article 4.5 of the European Social Charter, which concerns the protection of workers' wages from unauthorized deductions. The Committee stated that, pending receipt of the requested information, it defers its conclusion.

Article 5 

​The European Committee of Social Rights assessed Italy's compliance with Article 5 of the European Social Charter, which guarantees the right to organise. In its 2022 assessment, the Committee concluded that the situation in Italy is in conformity with Article 5. This indicates that Italian legislation and practice adequately protect the right of workers and employers to form and join organisations of their choosing.​

In conclusion, Italy remains in conformity with Article 5 of the Charter on the grounds that: 

• the restriction on the right to organise of members of the Guardia di Finanza is excessive;
• there is an absolute prohibition on members of Guardia di Finanza from joining "other trade unions" .

Article 6

Article 6 | Paragraph 1 

The European Committee of Social Rights assessed Italy's compliance with Article 6.1 of the European Social Charter, which safeguards the right to bargain collectively, specifically emphasizing the aspect of joint consultation. In its previous evaluation, the Committee found Italy to be in conformity with this provision, indicating that it is waiting to receive the requested information. In this cycle, Italy also failed to provide adequate information on the joint consultations.

The Committee defers its conclusion, hoping to receive confirmation that Article 6.1 is fulfilled in Italy and asks that the next report provide a detailed description of the situation in law and in practice.

Article 6 | Paragraph 2 

The European Committee of Social Rights assessed Italy's compliance with Article 6.2 of the European Social Charter, which guarantees the right to bargain collectively, with a specific focus on negotiation procedures. In its previous evaluation, the Committee found Italy to be in conformity with this provision. This cycle report does not mention any information on this topic. However, after the case Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, the Committee notes a violation of Article 6.2 of the Charter on the ground that the representative bodies of Guardia di Finanza were not provided with means to effectively negotiate the terms and conditions of employment. 

In conclusion, the situation in Italy is not in conformity with Article 6.2 of the Charter, on the grounds of violations regarding Guardia di Finanza.

Article 6 | Paragraph 3

The European Committee of Social Rights assessed Italy's compliance with Article 6.3 of the European Social Charter, which guarantees the right to the conclusion of a collective agreement or the modification, through collective bargaining, of conditions of work contained in a collective agreement. In its previous evaluation, the Committee deferred its conclusion, pending receipt of information. In this cycle report, the Italian Government states that the legislative framework has not changed.

In conclusion, the situation in Italy is not in conformity with Article 6.3 of the Charter, on the ground that it has not been established that there is any conciliation, mediation or arbitration machinery for the settlement of labour disputes in the collective bargaining process.

Article 6 | Paragraph 4

The European Committee of Social Rights assessed Italy's compliance with Article 6.4 of the European Social Charter, which guarantees the right to collective action while bargaining. In its previous evaluation, the Committee deferred its conclusion. ECSR evaluated Italy with reference to the right to strike, indicating importance of  balance between the right to strike and other constitutionally protected rights (including the right to life, health, liberty and security, freedom of movement). The Committee notes that Italy did not provide information on the right of members of the police to strike or specific measures taken during the COVID-19 pandemic.

In conclusion, the situation in Italy is in conformity with Article 6.4 of the Charter.

Article 21 

The European Committee of Social Rights assessed Italy's compliance with Article 21 of the European Social Charter, which guarantees the right of workers to be informed and consulted, so that they can influence decisions regarding the organization of the company's work that concern them. In its previous evaluation, the Committee found Italy to be in conformity with this provision. It was important to check the adaptation of Article 21 to the new conditions prevailing during the COVID-19 pandemic, including information and consultation on new innovative solutions such as teleworking and work-sharing

In conclusion, the situation in Italy is in conformity with Article 21 of the Charter.

Article 22

The European Committee of Social Rights assessed Italy's compliance with Article 22 of the European Social Charter, which guarantees the right of workers to take part in the determination and improvement of working conditions and working environment. In its previous evaluation, the Committee found Italy to be in conformity with this provision. In its assessment, the Committee paid particular attention to the measures taken during the COVID-19 pandemic to ensure the rights of workers to shape and improve their working environment, especially in the sectors most affected by the crisis.

In conclusion, the situation in Italy is in conformity with Article 22 of the Charter.

Article 26

Article 26 | Paragraph 1 

The European Committee of Social Rights assessed Italy's compliance with Article 26.1 of the European Social Charter, which guarantees the right to dignity in the workplace, with a specific focus on protection against sexual harassment. In its previous evaluation, the Committee found Italy to be in conformity with this provision.

In this cycle Italy was assessed according to 4 main focal points:

• prevention and awareness-raising measures, other than legislations;
• regulatory framework introduced to combat sexual harassment and abuse in the framework of work or employment relations;
• possible amount of compensation for victims of sexual harassment for material damages and non-pecuniary losses;
• specific measures taken during the COVID-19 pandemic.

In conclusion, the situation in Italy is in conformity with Article 26.1 of the Charter.

Article 26 | Paragraph 2 

The European Committee of Social Rights assessed Italy's compliance with Article 26.2 of the European Social Charter, which guarantees the right to dignity in the workplace, with a specific focus on protection against moral harassment. In its previous evaluation, the Committee found Italy to be in conformity with this provision. 

Italy was assessed focusing on 4 primary areas:

• prevention and awareness-raising measures, beyond legislative actions;
• legal framework established to address moral harassment and abuse within the context of workplace or employment relationships;
• potential compensation available to victims of moral harassment;
• measures implemented in response to the COVID-19 pandemic.

In conclusion, the situation in Italy is in conformity with Article 26.2 of the Charter.

Article 28

The European Committee of Social Rights assessed Italy's compliance with Article 28 of the European Social Charter, which guarantees the right of workers' representatives to protection in the undertaking and facilities to be accorded to them. In its previous evaluation, the Committee found Italy to be in conformity with this provision. Italy was asked to present its legislation on trade union presidents, who as workers' representatives deserve high protection, and to indicate up-to-date facilities granted to members of the unitarian trade union, such as right to post publications, texts and communications on matters of labour interests in the workplace, or call assemblies both outside and during working hours. 

In conclusion, the situation in Italy is in conformity with Article 28 of the Charter, as they have demonstrated adequate protection for employee representatives and have enabled the development of facilities.

Article 29

The European Committee of Social Rights assessed Italy's compliance with Article 29 of the European Social Charter, which guarantees the right of workers to information and consultation in procedures of collective redundancy. In its previous evaluation, the Committee found Italy to be in conformity with this provision and asked for further information on the social measures taken to mitigate the effects of redundancies, such as cooperation with public agencies for the retraining of employees. Italy was also asked to provide information on possible sanctions to those employers that will not take the required actions to notify the workers’ representatives about the planned redundancies and do not consult them. In response, The Committee was presented with relevant documents which provide detailed information on several regulatory actions that have been implemented, including measures introduced to face the COVID-19 crisis. 

In conclusion, the situation in Italy is in conformity with Article 29 of the Charter maintaining a high level of protection for employees exposed to redundancy and introducing a series of additional measures in connection with the emergency situation.

The attached table provides a summary the provisions according to the final decision of the committee.