Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Italy (Ratification: 1981)

The Committee notes with interest the information contained in the Government’s report, in particular Legislative Decree No. 345 of 4 August 1999 which amends Law No. 977 of 17 October 1967 on Protection of Children and Adolescents at Work. It requests the Government to supply further information on the following points.

Article 2, paragraphs 1 and 3, of the Convention.  The Committee notes that section 3 of Law No. 977 of 17 October 1967 on Protection of Children and Adolescents at Work (as amended by Legislative Decree No. 345 of 4 August 1999) provides that the minimum age for admission to work shall be the age at which the minor completes compulsory education and in no circumstances may be lower than 15 years. It also notes that this Law applies to young people under 18 years of age having an employment contract or an employment relationship (section 1). The Committee requests the Government to supply information on the measures to protect children from work outside an employment contract or employment relationship, such as self-employment and homeworking.

Article 2, paragraph 2.  The Committee notes that according to the Government’s report and section 1 of Law No. 9 of 20 January 1999 on Urgent Provisions for Higher Compulsory Education, the period of compulsory education is extended from eight to ten years. The Committee requests the Government to indicate the exact age at which a person completes compulsory education.

The Committee notes that Law No. 9 of 20 January 1999 and section 68 of Law No. 144 of 17 May 1999 concerning Development of the National Economy prescribe compulsory attendance of training activities up to the age of 18 years. The Committee asks the Government to state whether this new training system prevents young persons of 15 to 18 years of age from working except for those in apprenticeship.

Article 8.  Section 4(2) of  Law No. 977 of 17 October 1967, as amended, provides that the Provincial Labour Directorate may authorize, upon written consent of the parental authority, the employment of children in cultural, artistic, sport or advertising activities and in the entertainment sector. Since Presidential Decree No. 365 of 20 April 1994, which provides for the authorization by virtue of section 3 of the Law, is not available at the ILO, the Committee requests the Government to supply information on whether permits granted in individual cases limit the number of hours and prescribe the conditions in which employment or work is allowed.

Part V of the report form.  The Committee notes with interest the information attached to the Government’s report about cases of the employment of minors in violation of minimum age for admission to employment. The Committee would be grateful if the Government would continue to provide information on the practical application of the Convention, such as data, inspection reports, etc.