A/HRC/42/44/Add.2
especially in the agricultural sector. In addition, it should also be underlined the relevance of
the assistance from the Carabinieri of the Command for the Protection of Labour and the
Carabinieri Unit at the Territorial Offices, aimed at the protection of the safety and personal
security of the inspection staff, especially in case of high-risk actions.
38.
On the contrary, we have to disagree with the remark stating that 'inspectors often
prefer to avoid inspecting farms where the risk of exploitation is highest (and that) As a result,
compliant farms are often disproportionally inspected'. Indeed, labour inspectors cannot
autonomously set their targets but rather they have to follow a work-plan established by the
heads of their Offices according to the annual program set at central level and based on a
careful intelligence activity carried out on the basis of complaints lodged by workers directly
affected by labour exploitation, as well as of information acquired from social partners, other
supervisory bodies, government authorities, etc..
39.
Moreover, with regard to the phenomenon of collusion highlighted in the report, we
would like to point out that those detected are very isolated cases in the context of the
inspection activity and nevertheless they are carefully followed and counteracted by the NLI.
40.
Indeed, since its establishment, the NLI adopted and implemented the Three-Year
Corruption and Transparency Prevention Plan, providing specific measures to prevent the
risk of corruption, such as specific training courses for inspection staff, rotation of the
responsibility positions, monitoring of the compliance with the Code of Conduct for labour
inspectors (also within the specific 'Project for the transparency and consistency of the
inspection activity', which allows a number of relevant stakeholders to report to the NLI
alleged violations by a single inspector of the principle of consistency of the inspection
activity).
41.
With regard to para.98 of the Report (page 15) and para. A - III bullet point of the
Recommendations (page 17) - consistency of inspection force and role of inspectors in the
field of immigration, mention has to be made of the following:
42.
As for the remark, 'there are very few labour inspectors assigned to large geographic
areas', it should be recalled that pursuant to Art.1, paragraph 445, of the 2019 Budget Law,
during the three-year period 2019-2021, an extraordinary recruitment procedure will be
implemented in order to allow the NLI to recruit about 1,000 new officials, mainly labour
inspectors, thus strengthening the labour surveillance and the fight against undeclared work
and labour exploitation.
43.
Finally, we cannot agree with the statement that 'the legislative framework introduced
in 2009 encourages labour inspectors to prioritise the detection of irregular migrant workers
over monitoring working condition'; indeed, while confirming that labour inspectors are
required by the law to formally identify the Non-EU workers without a valid residence permit
that they might find at workplace, we want to clarify and point out that the institutional task
of the inspection staff consists in the effective protection of the working conditions of
workers, including illegal immigrants. Therefore, labour inspectors are primarily committed
to ensuring the employers' compliance with the legal and contractual provisions, such as
those ones about wages, social security, working hours, health-care and safety at workplace,
and the entire national and international labour related legislation enforced domestically.
44.
By recalling Article 32 of the Italian Constitution 5, mention has to be made of the
following.
Relevant legal framework
45.
In general terms, article 34 of 1998 Italian Immigration Act (TUI) states that
registration with the National Health Service, and consequently treatment, rights and duties
in condition of full equality with Italian citizens as regards the contribution obligation, is
guaranteed to the following foreigners:
5
��Art. 32. The Republic safeguards health as a fundamental right of the individual and as a collective
interest, and guarantees free medical care to the indigent. No one may be obliged to undergo any
health treatment except under the provisions of the law. The law may not under any circumstances
violate the limits imposed by respect for the human person”.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents