A/HRC/42/44/Add.1 19. The number of non-European Union citizens entering Italy for work is regulated by an annual decree on flows established by the Presidency of the Council of Ministers on the recommendation of the Ministry of Labour and Social Policies. Quotas are issued for seasonal and non-seasonal employment in different economic sectors on the basis of existing labour market needs. In 2017, the quota for non-seasonal work was 18,000 and for seasonal work 12,580, which was significantly less than in previous years. 20. There is no specific legislation criminalizing forced labour but slavery and servitude are prohibited. Article 600 of the Criminal Code includes “forced labour” and “forcing [a] … person into begging” in its definition of slavery or servitude. The definition of forced labour is not explicit under Italian criminal law but it is addressed in article 603 bis of the Criminal Code which prohibits illicit intermediation and work exploitation (caporalato provision). Caporalato is the term used to refer to work in the informal economy and to labour exploitation of vulnerable workers, who are mostly irregular migrants from European Union countries and third countries of origin (mainly African and Asian). The Criminal Code punishes the recruitment of workers on behalf of third parties under exploitative conditions, taking advantage of the workers’ state of need and using, hiring or employing workers, including by the means of the intermediation activity of gangmasters or caporali. 21. Law No. 199/2016 contains provisions to counter the phenomena of undeclared employment, of exploitative labour in agriculture and the realignment of wages in the agricultural sector. It represents a significant advance, as it broadens the scope of the crime of illegal labour intermediation and work exploitation under the Criminal Code (art. 603 bis). The law includes a penalty of one to six years in jail and a fine of between 500 and 1,000 euros for each worker recruited, for anyone who recruits on behalf of third parties and subjects workers to exploitation. A fine of up to 2,000 euros is applied if the recruitment took place with violence or threats. While farm owners or other stakeholders commissioning recruitment services from caporali are not liable under article 603 bis of the Criminal Code, they may be prosecuted for complicity under article 110. Mandatory arrest in flagrante delicto is stipulated in the law, as is confiscation of proceeds and property. Hence, the amendment is a significant addition to the legal and institutional framework to end slavery-like practices in agriculture. 22. The caporalato is accompanied by a lack of protection, a denial of fundamental rights and indecent living conditions. The indicators of exploitation mentioned in the Criminal Code have been simplified owing to the law against the caporalato and now include: (a) repeated payment of wages excessively below the level fixed by a national or local collective agreement, or disproportionate to the quality or quantity of work performed; (b) repeated violation of regulations concerning working time, weekly days off, compulsory leave and holidays; (c) violation of safety and hygiene requirements in the workplace, irrespective of whether this creates a danger for workers’ health and safety; and (d) degrading working conditions. 12 23. Law No. 199/2016 targets both illegal gangmasters and employers who exploit workers for criminal liability, regardless of any brokering activity. However, comprehensive data on prosecutions or convictions under the new law were not available at the time of the Special Rapporteur’s visit. 24. In addition to punitive measures, Law No. 199/2016 sets up a framework of interinstitutional coordination, particularly between the Ministries of Labour and Social Policies and of Agriculture, aimed at improving the living conditions of agricultural workers and introducing innovative recruitment policies. It also strengthens support for the Quality Agricultural Work Network, which was implemented in 2016.13 25. Legislative Decree No. 231/2001 provides for corporate criminal liability arising from the caporalato while Legislative Decree No. 215/2003 ensures non-discrimination and 12 13 Article 603 bis, para. 3. Law No. 199/2016 of 29 October 2016, “Disposizioni in materia di contrasto ai fenomeni del lavoro nero, dello sfruttamento lavorativo in agricoltura e di riallineamento retributivo nel settore agricolo”. 5