Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Italia (Ratificación : 1934)

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(d), of the Convention. In its previous comment, the Committee requested the Government to repeal formally Royal Decrees Nos. 773 of 18 June 1931 and 383 of 3 March 1934, which authorized the Prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services. In its report, the Government states that, in accordance with section 15 of the preliminary provisions of the Civil Code, the coming into force of Act No. 146 of 1990 repeals section 2(1) of Decree No. 773 of June 1931. It also states that Royal Decree No. 383 of 3 March 1934 is no longer applicable due to its incompatibility with the new provisions of Act No. 146/90. The Committee notes the Government's further statement that a law is repealed simply by a later act of the legislator, either due to incompatibility between the new and the former provision, or because the new law covers all the matters dealt with by the former law (article 75 of the Constitution).

The Committee notes all these indications and the information provided on the implementation of Act No. 146/90. However, it notes that sections 1 and 2 of the above Act contain a very broad definition of the concept of essential services. The Committee recalls that, as indicated in paragraph 123 of its 1979 General Survey on the abolition of forced labour, essential services are those the interruption of which would endanger the existence or well-being of the whole or part of the population. It requests the Government to amend sections 1 and 2 of Act No. 146/90 in order to limit the definition of essential services to the strict sense of the term and thereby give effect to the Convention.

2. Article 2, paragraph 2. In its previous comments, the Committee requested the Government to indicate the provisions governing the resignation of personnel in the national fire service. It notes that in its latest report, the Government repeats the information that section 63(3) of Act No. 469/61 is no longer applied.

With reference to the information provided previously by the Government on the procedures for the repeal of legal texts (article 75 of the Constitution), the Committee once again requests the Government to provide a copy of the text governing the resignation of personnel in the fire services.