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In the 2007 – 2009 period, the Extraordinary Plan allocated State resources amounting to 446 million Euros and 281 million Euros with the regional co-financing, totalling € 727 million Euros for the development of the integrated network of socio-educational services. 135. In addition, for the year 2010, the Department for Family Policies allocated additional 100 million Euros, to implement, as a priority, the development of early childhood services, along with other pro-family interventions.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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Closely connected to the transfer of the financial resources established for the implementation of the aforementioned Plan, and also to guarantee the quality of the aforementioned integrated network, the Department for Family Policies and the Ministry of Labour and Social Policies, relying also on Centro Nazionale di Documentazione e Analisi per l‟Infanzia e l‟Adolescenza (national documentation and analysis centre for childhood and adolescence) and in collaboration with ISTAT, have initiated the monitoring activity for the purposes of assessing the aforementioned Plan‟s state of implementation.
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The relevant monitoring includes the following areas: a) the quantity of services present in the regional territory; b) the various types of offerings, ascribed to the two macro-areas referring to the CISIS statistical catalogue (nursery school and supplementary services consisting of play space for children, facilities for children and families, services in home settings); c) regional regulations and regulatory acts; d) resources addressing and used for services in the Region; e) services network data.
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With regard to the 33% final coverage objective for educational services for children under 3 years of age, the main statistical indicator focused on is the degree of coverage by early childhood educational services (nursery school and supplementary services).
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Analysis of the latest available data, as of 31 December 2009, shows strong a local difference between northern and southern regions: to the north, we find educational service reception rates of greater than 15 places per 100 children, with the sole exception of the Autonomous Province of Bolzano. The Regions with the 31 highest reception rates are Emilia Romagna (exceeding 30 places per 100 children), Umbria, Tuscany, and Valle d‟Aosta. 137.
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137. The only Southern Regions providing comprehensive data are Molise and Abruzzo, reporting 15 places per 100 children. Nationwide, the reception rate for early childhood educational services equals 17.8 places per 100 children6. 138. In this setting, mention has to be made of the 2007-2013 National Strategic Framework for additional regional policy (Quadro Strategico Nazionale per la politica regionale aggiuntiva 2007- 2013 – QSN) as approved by European Commission Decision No.
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C (2007) 3329 of 13 July 2007, which calls for a mechanism based on competition to achieve verifiable results in terms of collective services in areas being essential to ensure the adequate living standards, equal opportunities for the citizens, and the affordability for businesses to invest. 139.
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139. To this end, for the Regions of Southern Italy, four objectives have been identified which appear to be of relevance to both assess the current capacity for change in the living and well-being conditions in the territories in question, and for the capacity for the effective integration between national and regional policies.
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The objectives are: to raise the educational levels of the students and of the entire population; to increase social and health-care services for children and the elderly (in particular by stressing the family obligations, mainly borne by women, a factor which contributes to discourage their participation in the labour market); and to improve water services and urban waste management (within the framework of a greater effort towards improving environmental quality). 140.
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140. Italian Authorities selected statistical indicators suitable for measuring these objectives in terms of availability and quality of services. They were associated with clear goals to be reached by 2013 and incentive mechanisms for the Regions to achieve the expected improvements.
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In particular, with respect to the nursery school objectives, the following goals were set: - Increasing the percentage of municipalities with children‟s services from 21% to 35%; - Raising the percentage of children using the service from 4% to 12%. 141. To this end, in January 2009 it was launched the project, entitled “Azioni di sistema e assistenza tecnica per gli obiettivi dei servizi di cura per l‟infanzia” (“system actions and technical assistance for the objectives of childhood care services”).
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142. Within this framework, it should be stressed the proposals by Osservatorio nazionale per l‟infanzia e l‟adolescenza (the National Observatory on childhood and adolescence) as included in the third relevant Plan of Action, that has placed specific attention to supporting families, especially women, through a number of initiatives relating to the so-called active parenting and the reconciliation. To this end, some of the actions as identified by the Plan provide for: - Effectively implementing Act No.
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53/2000, by seeking to achieve substantial equality of roles for men and women, in such a way that women do not have to renounce possible career expectations, or even jobs. This gives rise to the need for some legislative modifications to adjust to European regulations as regards the percentage of compensation earned during the period of leave, and raising children‟s age threshold for leave to be enjoyed.
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- Strengthening the network of integrated services for early childhood through the development, throughout national territory, of services for children between 3 months and 3 years of age (nursery school, mini-preschool, company or onsite day care, new “sezioni primavera” day care 6 Indicator calculated not taking into account the population of Campania, Apulia, Basilicata, Calabria, Sicily, and Sardinia, for which the figure on places is not available.
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32 services adjoined to preschools and nursery schools), and of educational services to supplement nursery schools and preschools (play facilities, play spaces, facilities for children and parents), raising the percentage of coverage between potential users and those enrolled in the Action Plan‟s three-year period.
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- Developing a project of system Actions and technical assistance to the southern Regions, with the objective of intervening in the distribution of services in the various territorial areas in order to eliminate the imbalance between northern and southern Italy. The eight southern Regions will be supported in the process of achieving the objectives, with specific reference to the targets for early childhood services.
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Technical assistance provides for: training activity aimed at strengthening technical and professional skills; onsite technical assistance to support the programming and implementation of the regional Plans; system activity to spread – also through the use of web technology – operative instruments, documentation, guidelines, etc. ; exchanges and twinning with other regions in central and northern Italy. - Testing “home nursery schools” to help reconcile time for living and working in the family.
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National funding is called for, supplemented by territorial financing, for the controlled, verified trialling of the so-called “home nursery schools,” focusing on appropriately trained people offering education and child care for other people‟s children in their own homes.
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- Improving and generalizing early childhood educational and school services in order to guarantee education to all children between 3 and 6 years of age.- Fostering attendance – by minors in fragile homes and in conditions of social and cultural exclusion – in services for 0-3 years of age, in preschools, and in educational services for 0-6 years of age. 143.
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143. The system of “compulsory communications” (including reports of regular employment or para-subordinate work) recorded in 2009 over 9.3 million activations of labor relations, distributed in an equal manner between males and females. 144.
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144. Compared to the economic activities of the male jobs are concentrated in hotels and restaurants, agriculture and construction, those women tend to be mostly in public administration, education and health, hotels and restaurants, transportation and other business services. 145.
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145. About the types of contract, there is a slight predominance of men among the activities of permanent contracts, while greater flexibility characterizes women, with increased use of fixed-term relationships and collaboration agreements. 146. This increased flexibility can also be observed in terms of average number of activations during 2009 when it amounted to 1.58 of men and 1.67 of women, respectively.
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Among the labor relations activities included 1.1 million of relationships with Non-EU workers (among whom 42% are for women) and 706,000 with EU workers (of which 53% women). This finding is particularly important, as it also includes foreigners temporarily present in our country. 147.
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147. With regard to the economic sector, foreign workers have greater demand for labor in activities conducted by households (including about 66% are working) and hotels and restaurants sectors in which we observe an equal distribution between men and women. These are often reports of permanent employment (linked to residence permits), but among the working relationship ended in 2009 about 40% have a duration of 2-3 months, without major differences in gender and area of origin (EU and extra EU). 33 148.
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33 148. DEO‟s role within NOP Obj. 1 “Governance and Systemic Actions” The Operational Programme “Governance and Systemic Actions” addresses only obj. 1 Regions in Italy (Calabria, Campania, Apulia, Sicily). As regards NOP obj. 1, in addition to being in charge of Pillar D, the DEO supports the Labour Ministry in the implementation of Art.16 of Reg.1083/06 (horizontal principle). . 149. ESF Italy: some figures.
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. 149. ESF Italy: some figures. The so-called ESF Italy is implemented by 24 Operational Programmes: - 3 National Operational Programmes (2 led by the Labour Ministry: obj. 1 “Governance and Systemic Actions” and obj. 2 “Systemic Actions” + 1 led by the Ministry for Education Research and University: “Competences for development“, obj. 1 Regions) - 4 Regional Operational Programmes obj. 1 Convergence + 1 phasing out Region - 17 Regional Operational Programmes obj. 2 Competitiveness Within obj.
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2 Competitiveness Within obj. 1 “Governance and Systemic Actions” NOP, specific objective 4.1 financial resources amount to circa 15 M€ for the overall period (almost 31 M€ is endowment of entire Pillar D). 150. The DEO actions within NOP “Governance and Systemic Actions” obj. 1 Concerning gender-related issues (specific obj.
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1 Concerning gender-related issues (specific obj. 4.1), according to the work programme approved by the Labour Ministry and attached to 10/4/2008 Convention, the DEO is entrusted with the direct implementation of five actions, while three actions are implemented via an agreement with ISFOL (Equal opportunities unit), an instrumental body of the Labour Ministry for ESF. 151.
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The following lines of interventions with regard to gender are therefore being implemented :  start up and support of awareness-raising initiatives on equal ops aimed at local administrators and social parties;  establishing organisational models to promote conciliation between work and family life;  identification of intervention patterns to promote women‟s equality as regards access to the labour market;  definition of models of intervention to favour women‟s inclusion and stay in education, training, research, social and cultural systems;  development of pilot interventions to combat violence against women;  implementation and consolidation of the system on gender monitoring and assessment;  support to initiatives for gender budgeting.
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 identification, dissemination and transfer of best practices on gender equal opportunities;  actions for dissemination of gender culture and development of the Equal Opportunities Network.
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A wide range of in-depth research has been funded in 2009 notably on the following issues:  women‟s employment and flexicurity  conciliation measures  impact of black economy / non observed economy on womens‟ employability  qualified family care systems  employment policies and the Lisbon Strategy  innovative tools for careers guidance  foster value of women‟s human capital in the workplace  diversity management to improve women‟s conditions at work The main idea with these analyses is to identify best practices and define some guidelines to adapt and adopt in obj.
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1 Regions, following debate with concerned Administrations. 34 A more recent initiative concerns the definition of new ways to involve regional administrations, namely through protocols, thematic agreements on specific issues and a steering group to accompany joint initiatives to be undertaken.
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REGIONS The Regions are implementing the following measures for employment: - measures designed to encourage career paths and integration of women in enterprises and in areas of public and private research - activities to support already existing or new women entrepreneurial activities.
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The following activities undertaken by the Regions for work and family reconciliation should be considered:  conciliation vouchers as measures to support women employment for the financing of services delivered to minors  use of integrated home care services, also through the work placement of women living in conditions of social exclusion  creation of childcare services or increasing care services in order to light family workload and consequently to raise the participation of women in the labour market  reorganisation of family centres  family allowances to let elderly and disabled stay at home  flexicurity interventions in enterprises to encourage reconciliation of family and professional life.
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[Question No. 23.] According to the report, several measures have been introduced to contribute to burden-sharing between women and men and to reconcile work and family life. In light of the Committee‟s previous concluding observations, please provide information on the impact of such measures, in particular on men taking parental leave to care for their child on the basis of the parental leave introduced in 2000.
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Please also provide updated information by region on progress made in achieving the goal of providing 33 per cent of the country with relevant early childhood day-care services for children by 2010 and provide information by region on the availability of relevant publicly funded or publicly supported care services for elderly family members with disabilities, or other dependent persons. 152. As for those fathers taking the parental leave, the most recent data for employees date back to the year 20057.
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These data show that there is still a difference between fathers and mothers: there were 345.000 mothers against 165.000 fathers, taking parental leave. 153. As for the mothers, there is no big difference if considering the various areas of the country. However more fathers were taking parental leave in Southern Italy. This is mostly due to the fact that in this part of Italy, generally, men are the only breadwinner and the partner is often housewife, and thus being not entitled to take parental leave.
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154. Early Childhood education and Childcare facilities. As above discussed, Italy has strongly supported structural long-term measures. 155. The mentioned National Plan for development of educational and care services addressed to early childhood was set up in for the period 2007-2009 for a total amount of resources of 727 million euro. In 2010, further 100 million euros have been invested. 7 http://www.istat.it/dati/catalogo/20080904_00/arg_08_33_conciliare_lavoro_e_famiglia.pdf p. 121. 35 156.
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35 156. Very important steps have been registered in achieving progressively the targets of providing childcare by 2010 to at least 33% of children under three years. A remarkable monitoring study has been set up. From available data, there is a general improvement. 157. Some Regions in the North and Centre Italy exceed the 33% target, some are around 25% and some are still on lower rate. The national estimated rate is around 24.8 %, considering public and private childcare services8. 158.
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158. The 100 million euro supplementary resources for 2010 and the following additional resources could also play an important role in achieving the EU target. 159. As above reported, in particular, in 2009, 40 million Euros have been invested to promote home-based care services for early childhood (Tagesmutter); - a pilot project has been launched in to create new nurseries in public administrations with an initial amount of 25 million euro. 160.
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160. As for the measures undertaken in order to improve the Italian situation related to child-care services the DEO has published a Public Notice for child care services in the Public administrations 161. In order to reach the goal of childcare for 33% of children under three years the DPO has published on 17 December 2009 a Public Notice aimed at financing new child care services in the workplaces of the Public Administrations.
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The Public Notice has been put in place together with the Department for Family Policies allocating a financing of € 18.000.000,00. After the evaluation of the several proposals arrived from all the Italian territory have been financed 9 projects. 162.
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162. With regard to possible measures introduced to contribute to work life balance and to the sharing of family care duties between men and women, Article No.53 of Law Decree No.78 dated 31st May 2010, later converted into Act No.122/2010 concerning the Productivity Contract.
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According to this Act during the period from 1st January 2011 to 31st December 2011, the wages paid to private sector employees benefit from social charges and tax allowances, in compliance with plant-level and area-wide collective contracts or agreements, and correlated to increases of productivity, quality, profitability, innovation, enterprise organization efficiency. In accordance with the above-mentioned “Italy 2020 Action Plan”, this financial measure intends to support women‟s employment. 163.
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163. To this end, it is in fact necessary to encourage virtuous practices and procedures in the area of industrial relations through the implementation of flexible tools to support women in the labour market. In such a way, the promotion of organization flexibility can be translated into a greater and better work life balance and it can allow companies, workers, both men and women, to be more productive and to contribute to a better business performance. 164.
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164. On the other hand, as regards the protection of working mothers, the territorial offices‟ inspection activity concentrated constantly on this issue, as shown by the results for 2009, which report 406 administrative violations with regard to the economic protection of working mothers (a +67% increase over 2008) and 613 reported offences with regard to the physical protection of working mothers (a +155% increase over 2008). 165.
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165. Particular attention was also paid to the phenomenon of the resignations of working parents resigning pursuant to Art.55 of Lgs. D. No. 151/01 (which, pursuant to paragraph 4 of the 8 For a comprehensive overview :http://www.politichefamiglia.it/media/64823/sintesi_nidi_2_20cop.pdf 36 aforementioned article, must be confirmed by the Labour Ministry‟s inspection service) and the monitoring thereof. 166.
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166. From this standpoint, the aforementioned Technical Table – as part of its duties to provide impetus to equality instruments – has developed a declaration model and a report for surveying the data on a national level, starting 2009, and the general directorate for inspection activities (DGAI) has emanated special operative instructions to the territorial offices, to guarantee the uniformity of inspection personnel‟s behaviour in the delicate sector of confirming resignations (pursuant to art.
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55 of Lgs. D. No.151/01) and a greater effectiveness for the procedure of ascertaining the actual desires of the resigning male or female worker. 167. Examination of the data collected for 2009 shows that over the course of the year, the provincial labour directorates issued 17,676 measures confirming resignations pursuant to art. 55, 12,100 of which in the north, 3,301 in central Italy, and 2,275 in the south. 168.
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168. It was found that the 17,676 male and female workers who had resigned were prevalently between 26 and 35 years of age (11,327), had low service seniority - up to three years (9,445) – and had just one child (11,467). 169. The phenomenon of resignations for motherhood/fatherhood mainly affects companies with up to fifteen employees (11,269), since, perhaps because of their small size, they have greater difficulties in organizing working hours (granting part-time work, shift work, etc.). 170.
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170. Instead, as regards the productive sectors in which the phenomenon is more considerable, the attached report shows that the most substantial items are those in “commerce” (6,668) and “other” (7,187) – an item likely to have contained services, a sector in which women have been traditionally employed. 171. Chief among the motivations that have most encouraged male and female workers to resign are the absence of relatives (3,845) and of such support facilities as day care (3,577). 172.
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172. Lastly, it is stressed that, starting from 2010, it will also be possible to monitor failure to confirm the resignation request, as a box for this datum has been added at the bottom of the yearly statistical report. It is pointed out that, at a national level, 17 violations of the regulations in the matter of equality of men and women and discrimination phenomena were found in the period between 01 and 31 October 2010 (Please see Tab. Excel Pag. 16 in Annex on Ministry of Labour) [Question No.24.]
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In its previous concluding observations, the Committee recommended that the State party extend full social security benefits to part-time workers, the majority of whom are women, and take measures to eliminate occupational segregation, in particular through education and training. Please provide information on what steps have been taken, or are planned, in response to these recommendations.
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Please also provide data, disaggregated by sex, in respect of the table after paragraph 326 of the report on employment by sector of activity, employment status and contractual arrangements, 1997/2006, and the table after paragraph 330 on the occupation rate vis-à-vis the size of companies. If available, please provide more recent data, disaggregated by sex, on employment status and contractual arrangements. 173.
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173. As for relevant measures, it should be mentioned, as follows: - The Italian legislation does not discriminate between part-time and full-time workers with regard to both remuneration and social protection.
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A part-time worker is entitled to the same remuneration per hour as a full-time worker even if every single item in the relevant salary is calculated in proportion to the number of worked hours, unless collective bargaining 37 provides for the remuneration to be calculated under more favorable conditions. The same rights are granted, for instance, with reference to the annual paid leave, sick leave, maternity or parental leave, work injury benefits, etc., always in proportion to the effective working time.
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As to family allowances, this type of benefit is granted according to the number of working hours per week: The full allowance is granted if the worker performs his/her activity on a 24 hour schedule per week; if the worker performs his/her activity on less than 24 hours per week, he/she will be entitled to as many daily allowances as the number of days he/she has really worked.
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Part-time workers can be authorized to pay voluntary contributions, upon request, in order to integrate their contribution records.
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- As discussed, Italy 2020 – Action Plan for the employability of youth through the integration between learning and employment identifies the action lines to improve the integration between the training system and the labour market in order to accomplish youth full employability; the Plan, which has been drafted by the Ministries of Labour and Education, and launched in September 2009, identifies the joint action lines for the two Ministries, to be pursued though a shared „flight deck‟, to build a new and more integrated relationship between the training system and the labour market in order to accomplish youth full employability.
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- Various priorities have been identified: to facilitate the transition from school to work, to re- launch the technical-vocational education and the apprenticeship contract, to rethink the role played by university education, to open up Ph D courses to the manufacturing system and to the labour market. As for the specific strategic framework, Italian Authorities intend to convene a meeting between social partners and trade associations.
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In particular, given the fact that technical education can be an important opportunity for young people and for companies, the strengthening of guidance actions, the reorganization, the relaunch and re- qualification of technical education, that has to be boosted for young women living in the most strategic technological areas in terms of innovation and competitiveness, as well as the development of technical-vocational education and training paths, at the workplace and within the working environment, will contribute both to facilitate the match between labour supply and demand, and to reduce segregation, improving the employability of young women and their relative retention in the labour market (Please see Tab excel – tables 2 through 19 in Annex on Ministry of Labour).
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[Question No. 25.] Please provide information on the measures taken to address the rather significant gender pay gap referred to in paragraphs 372 to 375 of the report.
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In view of the lower average income of women, fewer years of contributions by women, and women being the majority of those working in the informal sector, please also provide information on gender differences in the average old-age pension per month, as well as data on women at risk of poverty and information on access criteria to child benefits and family allowances. 174.
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174. As previously discussed, an important initiative created with the aim of guaranteeing the fair access of women to public offices is the “Directive on measures to achieve equality and equal opportunity between men and women in Public Administration” signed in May 2007 by the Minister for Equal Opportunities jointly with the Minister for Reforms and Innovations in Public Administration. 175.
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175. This Directive is aimed at central authorities and non economic public bodies, but also at Regions and local bodies. The Office for intervention for equality and equal opportunities within the DEO coordinates the planning, management and monitoring of all the initiatives related to equal opportunities which are financed by national resources and it is responsible for the implementation of this Directive. 38 176.
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38 176. The Directive provides indications for areas where the authorities should intervene and determine critical points or possible direct and indirect discrimination, using surveys, studies and monitoring activities. There are 6 areas: • elimination and prevention of discrimination; • adoption of triennial positive action plans; • work organization; • personnel recruitment and personnel management policies; • equal opportunity committee (EOC) • organizational training and culture. 177.
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177. The Directive foresees to adopt initiatives addressed to balance women's presence at decision- making level where a gender pay gap still persists and it is more than 2/3 (para 4, letter f). For each of the relevant areas, this Directive supplies precise instructions for the administrations, appealing to them, for example, to make legal and contractual provisions regarding flexible work and to take care that appointments are conferred taking into account the principle of equal opportunity.
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To monitor the directive, each year the DEO prepare a summary report that analyzes the data provided by the individual administrations. 178.
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178. Within this framework, while the annual Report by the EU Commission on Progress in the field of equality between women and men indicates that in Italy women earn 5% less than men ( This is the lowest percentage recorded within the EU), in December 2010, it was funded, by the ESF, a research study on the promotion of initiatives to contrast the gender pay gap in the Regions belonging to the Objective Convergence (Campania, Apulia, Calabria and Sicily). 179.
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179. The fight against informal labour is one of the programmatic priorities of the Ministry of Labour and Social Policies who is increasingly paying attention to this problem, also due to the relating problem connected with the issue of safeguarding health and safety at the workplace.
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The central importance of the actions combating informal labour is also necessary to guarantee the protection of working conditions, from the economic and contribution standpoints, and to prevent phenomena of social dumping which are factors that distort free competition between businesses. 180.
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180. First, it appears appropriate to make reference to the latest regulatory initiatives by which Italy has supported the action of combating informal labour which, in substance, may be broken down into “preventive” measures and measures of a more strictly “sanctioning” nature.
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n particular, the general measures of a “preventive” nature include: 1. the obligation to establish and keep the single work book, to replace the obligatory books in force in the various productive sectors – by all private employers, with the sole exclusion of the domestic labour employer, that employ subordinate workers, coordinated and ongoing collaborators (collaboratori coordinati e continuative – CO.CO.CO), including those hired by project, those under temporary CO.CO.CO contracts (“mini CO.CO.CO”) and associates in stakeholding, for which there is a labour contribution – introduced by art.
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39 of D.L. 112/08, converted into Law no.
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133/08; 2. the obligation by employers (private employers, Economic Public Corporations, Public Administrations) to make the hiring notice on the day prior to the establishment of the labour relationship (subordinate and autonomous, CO.CO.CO including those hired by project, working shareholder in cooperatives and associate in stakeholding with contribution of work), with the consequent impossibility of regularizing same after the inspections; 3. the possibility for the businesses to enjoy regulatory and contribution benefits solely if in possession of the single insurance contribution payment certificate (Documento Unico di Regolarità Contributiva – DURC).
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This document is a recognition certificate issued at the request of the interested party by INPS, by INAIL and, upon an agreement for this purpose 39 with the aforementioned institutions, by “other institutions that manage forms of mandatory insurance” as well as, in the construction sector, by the construction workers funds possessing the requirements established by the D.M. of 24 October 2007. Pursuant to art.
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of 24 October 2007. Pursuant to art. 5 of the aforementioned D.M., the DURC attests to the company‟s contributions being duly paid, if monthly or periodic obligations are met, the correspondence between payments made and payments ascertained by the institutions as owed, as well as the non-existence of pending default; 4. the re-introduction of the so-called intermittent work (art. 39 of D.L. no.
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39 of D.L. no. 112/2008) which, by allowing particular flexibility in using workers on certain days of the week and periods of the year, in particular in the sectors of tourism, trade, and public establishments, helps bring into the light working activities that would otherwise be “clandestine”; 5. the re-introduction of accessory work, for activities of an occasional nature [art. 22 of D.L. no.
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22 of D.L. no. 112 of 2008 (entering force on 25 June 2008)], which takes on a broader scope and can find application in a series of activities and cases (e.g.
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family-run businesses, domestic work, gardening, supplementary private teaching, sporting events, and for youths under 25 years of age during school vacations, and for all seasonal activities, and not only those involving winemaking) where there is recurrent use of non-regular workers; 6. the possibility of harsher penalties in the event of promotion of informal labour as laid down by Act No. 183/2010 (Art.4). 181.
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183/2010 (Art.4). 181. On the other hand, as regards the “sanctioning” policies, mention has to be made of the following ones: - the quintupling of some administrative fines already established for the violation of regulations governing labour, social legislation, social security, and safeguarding health and safety and the workplace, and the modification of the “large penalty” for clandestine work (already provided for by D.L. no. 12/2002, converted by law no. 73/2002), introduced by art.
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73/2002), introduced by art. 36 bis of D.L. ni. 223/2006 converted with Legge no. 248/2006; - suspension of business activity (already established for the construction industry by the aforementioned art. 36 bis and for other business activities by art. 5 of law no. 123/2007) is now provided for by art. 14 of D.Lgs. no. 81/2008 and subsequent supplements and amendments.
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81/2008 and subsequent supplements and amendments. The suspension power is a new and incisive tool to combat clandestine work, which allows the Ministry‟s inspection personnel to suspend business activity in the presence of grave violations in labour matters.
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This prerogative is recognized for the personnel of the Ministry of Labour (for violations in matters of social security it is also extended to the inspectors from the local health concerns), which may proceed to suspend any type of business activity upon the occurrence of one of the following cases: 1) use of personnel not resulting from the books and from other obligatory documentation to an extent greater than or equal to 20% of the total of workers present at the workplace; 2) grave and repeated violations in the matter of safeguarding health and safety, identified with the Labour Ministry‟s ministerial decree.
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182. As to the inspection approach, of particular interest is the inspection services‟ organization and methods in the matter of labour and social legislation. In this regard, reference must be made of Legislative Decree No.124 of 23 April 2004, aimed at redesigning the regulations regarding the organization, responsibilities, and powers of the bodies in charge with performing oversight activities. 183.
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183. As a consequence of these modifications, the current oversight system includes the traditional inspection function, as well as activities of a preventive and promotional nature performed by the labour inspectors, also through the introduction of tools aimed at promoting and properly orienting the employers, and at providing prompt and effective responses to the workers‟ concrete.
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Another 40 essential aspect that is the object of reform was the coordination of inspection activities – entrusted to the General Directorate for inspection activities (Direzione generale per l‟Attività Ispettiva) – considered the indispensable tool for taking significant action to combat the phenomena of irregular and informal labour work. 184.
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184. From this standpoint, lawmakers have outlined a system of a general and systematic nature, functional to capitalizing on and harmonizing not only the contribution of the Ministry‟s territorial structures, but also the synergies that exist between the various bodies charged with oversight (Carabinieri command for safeguarding labour conditions, social security institutions, etc.). 185.
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185. Major changes were also made to the inspection personnel‟s powers, on the one hand through the innovation of such old institutions as the caution and obligatory prescription, and on the other through the discipline of new and particularly significant tools, such as the notice of verification for labour credits, and administrative settlement. 186. The perspective outlined by Lgs. D. No.
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186. The perspective outlined by Lgs. D. No. 124/04 includes the Directive on inspection services and oversight activities of 18 September 2008, which in light of the radical change in inspection activities, caused by the profound legislative modifications that have recently taken place, and in order to complete the labour market modernization process initiated by the “Biagi reform,” warrants attention for the oversight activity aimed at the quality and effectiveness of the inspection action. 187.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
Italy
187. The aforementioned Directive also refers to the importance of coordination with all the bodies charged with oversight in the matters under the purview of the Ministries of Labour, Health and Social Policies, to be done with mutual exchanges of information between the subjects involved, that make it possible to guide the inspection activity towards considerable objectives of particular importance. 188.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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188. Of major interest is the examination of the statistical surveys regarding the inspection activity carried out in 2009, since they show that the oversight action that was performed yielded positive results in almost all sectors of activity. 189.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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189. In view of a precise legislative direction towards bringing clandestine labour into the light and implementing programming lines defined at a territorial level by the Offices, the inspection interventions were in fact intensified in order to highlight that the institutional presence is extensive, and not of an occasional nature, throughout national territory. 190.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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190. First, it is pointed out that the “inspection corps” consists of about 5,000 inspectors belonging to the Labour Ministry and to the social security institutions (INPS, INAIL, and ENPALS), making inspections in matters of labour and social legislation. In the period from 01 January through 31 December 2009, through an incisive monitoring operation performed throughout national territory, said personnel inspected about 303.691 companies, about 58% of which turned out to be irregular (about 175,144).
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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191. The inspections, so performed, yielded the irregular employment of approximately 316,310 workers, about 124,476 of whom were entirely “clandestine.” Significant results, with reference to both employment and to recovering contributions, were obtained through the instrument of suspending business activity. During the period from January through December 2009, the extensive monitoring operation performed throughout national territory led to the adoption of 4,770 suspension measures.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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Most of the companies that received the suspension measure were in the construction industry, where 1,771 suspension measure were adopted (37% of the total of measures) with suspended companies equalling 5% of those inspected. 41 192. High numbers were also seen in the sector of public establishments, with 1,421 suspension measures, equal to 30% of the total number thereof.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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The remaining percentage (33%) includes companies in other commodities sectors, from commerce (582), to handicrafts (501), to agriculture (144), to industry (134). 193. Revocation of the suspension measures took place in 3,692 cases (equal to 77%) of suspensions. And the amount of the sums collected through the revocation measure came to € 8,039,920.00. For 2010, only the data for the first half are available. In particular, 133,540 companies were inspected, of which about 62% were irregular (82,158).
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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As for the workers, 141,432 were found irregular, of whom 45% were clandestine (64,329). It is also highlighted that the evaded contributions and premiums that were recovered amounted to € 696,602,746.00. 194. The Italian pension system, following the modifications introduced after the Ruling by the Court of Justice which ordered it to ensure equal treatment in public businesses, establishes the same requirements for men and women. 195.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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195. The old-age pension is one of the social security benefits to which everyone that is or was enrolled in any one of the obligatory social security institutions is entitled. It is a benefit obtained by both men and women upon reaching retirement age.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
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The system for calculating the pension varies depending on the seniority for contribution purposes, in accordance with three criteria:  contribution system, for those who paid their first contributions on 31 December 1995;  wage system, for those who, at 31 December 1995, had a seniority for contribution purposes that was greater than or equal to 18 years;  mixed system (wage and contribution), for those who, at 31 December 1995, had a seniority for contribution purposes that was less than 18 years.
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https://www.lavoro.gov.it/sites/default/files/archivio-doc-pregressi/ConsiglieraNazionale/2011-03-31%20CEDAW%20MARCH.pdf
Italy