On 3 December 2009, after a formal warning from the European Commission, the Italian government transposed the European directive on equal opportunities by a legislative decree. The decree introduces important norms into Italian law which will protect women’s jobs and remove several forms of discrimination. It also reinforces the existing equal opportunity bodies. However, concerns have been raised over the funding and implementation of the decree.
The European directive which was transposed into Italian law through a legislative decree on 3 December 2009 makes changes to two already existing laws: the Code regarding equal opportunities (Decree law No. 198/2006) and the Consolidated act on the protection and support of maternity and paternity (Decree law No. 151/2001). The European Commission had formally warned the Italian government that it was required to transpose the recast Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.
The Italian decree introduces important innovations regarding equal opportunities committees, discrimination and sanctions. It also proposes the promotion of positive actions concerning equal opportunities, which however will be difficult to realise as no funding is stipulated in the decree.
Principal measures
Equal opportunities committees
Regarding the equal opportunities committees, the decree envisages the following two notable interventions.
- The number of trade union and employer representatives increases from five to six persons in the National Committee for Equality (Comitato Nazionale di Parità); the number of representatives for the cooperative organisations in the committee rises from one to two persons. This committee was set up in 1991 and operates within the Ministry of Labour and Social Policy (Ministero del Lavoro e delle Politiche Sociali) (IT0303106F).
- The full autonomy of the equal opportunities councillors is recognised at national, regional and provincial levels. In addition to promoting and supporting equal opportunities between men and women, these councillors – who already exist – will be able to carry out research and publish independent reports.
Wider definition of discrimination
The definition of direct discrimination has been extended regarding the disparity between men and women, so that it no longer only considers access to the labour market and vocational training opportunities but also encompasses career promotion and working conditions. Any form of discrimination in matters regarding maternity or paternity is strictly prohibited. In cases of adoption, it is forbidden to dismiss parents in the period preceding adoption during which the meetings between the family and the child take place.
It is also considered to be discriminatory to give less favourable treatment to workers who have rejected or been subjected to harassment.
Sanctions and legal protection
Where discrimination is found, the fine can vary from €250 to €1,500; previously, the amount ranged from €103 to €506. If employers – after being fined – continue in acts of discrimination, they will receive a maximum sanction of €50,000 or go to prison for up to six months; previously, the maximum fine was €206 and detention was for up to three months.
The representative organisations of the person suffering discrimination will be able to offer assistance in a tribunal. Legal protection is also guaranteed for people who have been unfairly treated due to their personal intervention in support of a victim of discrimination.
The decree also states that collective agreements can stipulate specific measures to prevent discrimination.
Reactions to decree
The General Confederation of Italian Workers (Confederazione Generale Italiana del Lavoro, Cgil), the Italian Confederation of Workers’ Trade Unions (Confederazione Italiana Sindacati Lavoratori, Cisl) and the Union of Italian Workers (Unione Italiana del Lavoro, Uil) welcome the decree. However, they have complained that Italy is often slow in transposing European agreements and directives, particularly in matters such as equal opportunities. In order to guarantee that there will be no such delays in the future and that more collective bargaining should take place in relation to equal opportunities, Cgil, Cisl and Uil propose to set up a trade union initiative in coordination with the European Trade Union Confederation (ETUC).
The Vice-president of the Italian Senate, Emma Bonino, who was a European Commissioner in 1995–1999, has criticised the lack of funding for the implementation of the decree and has expressed her doubts concerning the autonomy of the equal opportunities councillors. In fact, Ms Bonino has underlined that, at national level, these councillors are nominated ‘by the Ministry of Labour and Social Policy in tandem with the minister of equal opportunities and that the nominees must respond to these two ministries’. Ms Bonino proposes to set up an independent authority ‘with a restricted budget that will however be adequate in combating the old and persistent discriminations present in Italy’.
Persisting gender gap in labour market
Despite the fact that equal opportunities legislation in Italy is one of the most advanced in Europe, it will still be a long time before real equal opportunities exist in Italy regarding gender.
It remains difficult for women to enter and remain in the labour market: in the third quarter of 2009, the employment rate for women was 46.1%, while for men it was 68.9%, according to results of the labour force survey (in Italian, 233Kb PDF) of the National Institute for Statistics (Istituto Nazionale di Statistica, Istat). In the south of Italy, which is less developed economically than the central and northern regions, the female employment rate is just 30.8%, compared with 59.5% for men.
Problems also persist in the workplace. For example, maternity in Italy is often the cause of strong forms of discrimination, such as being forced to sign undated letters of resignation to be used should the worker become pregnant, requests by the employer to delay maternity, harassment or exclusion from important projects. Having given birth, the return to work is frequently difficult and even traumatic. About 10% of women leave their job after maternity, according to a report by the Vocational Training Development Agency (Istituto per lo Sviluppo della Formazione Professionale dei Lavoratori, Isfol), entitled Maternity, work, discrimination (in Italian, 2.8Mb PDF).
Furthermore, it remains difficult to apply existing norms – even if they are among the most sophisticated in Europe. Moreover, the social services offered to women and families are inadequate in relation to childcare and assistance for elderly relatives, a caring responsibility which is almost always carried out by women.
Vilma Rinolfi, Cesos