A/HRC/42/44/Add.2
citizens concerned the information referred to in Article 6, paragraph 2, of EU Directive
2009/52, concerning the methods by to assert their rights and to report the employer. To this
end, this inter-ministerial decree has set up an information model which is notified to the
party concerned, by the Office or Body that detects the foreigner. A copy is delivered to both
the person concerned and the competent Police Headquarters, for the purpose of adoption of
the repatriation measure.
23.
Moreover, it should be noted that, for the purposes of the application of Article 22,
paragraph 12-ter of TUI (which states that “with conviction verdict the judge applies the
accessory financial administrative sanction amounting to the average cost for the repatriation
of the foreign worker unlawfully hired”), an inter-ministerial decree was issued (Decree dated
December 22, 2018, No. 151), as already provided for by Law Decree No. 109/2012, for the
determination and updating of the average cost of repatriation. This decree was issued jointly
with the Ministry of Interior, the Ministry of Justice, the Ministry of Economy and Finance,
and the Ministry of Labor and Social Policies.
24.
Please kindly refer to the data below relating to the first releases of the residence
permit for social protection and for serious labor exploitation, respectively, referring to the
years 2017, 2018,4 and 2019 (as at 10 June 2019), as broken down by gender.
Residence permits released to foreigners victims of labour exploitation and trafficking
Art. 22 (permit for serious Art. 18 (permit for social Art. 18 (social protection
Year
labour exploitation)
protection – serious labour permit – Trafficking)
exploitation
2017
2018 (up to 5.10.18)
M 4
M 1
M 2
F 1
Art. 22 (permit for serious
labour
exploitation
–
special cases)
Art. 18 (permit for social protection – special cases)
2018 (from 5.10.18)
2019 (up to 10.6.19)
M 197
F 162
Tot. 359
M
3
F
11
Tot. 14
M 4
F
2
Tot. 6
M 29
F
13
Tot. 42
Source: Ministry of Interior
Source: Ministry of Interior
25.
As for the data mentioned in the Flai-Cgil Report (para. 47, page 8): “According to
estimates, around 430,000 workers are employed each year through caporali, out of whom
over 100,000 suffer severe exploitation”, please kindly note that 430,000 workers are not
employed each year through Caporali. Rather 430,000 workers are at risk of being employed
by Caporali.
26.
On a more general note, within the domestic institutional framework, mention has to
be made of the role played by Equality Councillors for equal opportunities in the workplace.
4
Please kindly note that the terms concerning stay permits under reference referred to the years 2017
and part of 2018 are different from those ones starting from the period 5 October 2018 (when Decree
No. 113/2018 entered into force) until the date of the latest data collection hereunder reported (2019).
5
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