Overall assessment

AuthorRenga, Simonetta
12 Overall assessment
The following transposition problems were mentioned in this report:
1. There is no system to monitor positive action measures and their impact or their lack
of financing.
2. There is no specific protection for transgender, intersex, and non-binary persons.
3. Domestic legislation lacks an explicit provision on multiple discrimination.
4. In relation to job classification, no formalised job evaluation and job analysis systems
are available in our legal and industrial relationships arrangem ents.
5. National law does not lay down any parameters for establishing the equal value of
the work performed.
6. The European Commission’s Recommendation of 7 March 2014 on strengthening the
principle of equal pay between men and women through transparency has not yet
been applied.
7. Paternity leave is allowed for fathers only a s an alternative to maternity leave and
only in very special cases; the special paternity leave introduced by Act No. 92/2012
is a very weak measure from the perspective of the promotion of a better balance in
care duties within the family.
8. Workers returning from parental leave are not generally entitled to a right to change
their working hours and/or patterns for a set period of time as a consequence of the
leave or of their condition as parents, and employers are not obliged to consider and
respond to such requests.
9. In occupational social security schemes, the personal scope of Article 30bis of Decree
No. 198/2006, which imp lements the Recast Directive, is not as wide as that of the
EU directive; the material scope has not been implemented c orrectly.
10. As regards Article 9(g) of Di rective 2006/54, th e law on supplementary funds does
not contain any provision which ensures that fictional contributions are made (by the
employer/the state) on behalf of the employee during her maternity leave/leave for
serious family reasons.
11. Directive 79/7/EEC has never been specifically implemented in respect of statutory
social security schemes.
12. Italian legislation does not recognise life partners.
13. The implementation of the Recast Directive as regards occupational pension
schemes, by Decree No. 5/2010, does not include any provisions on self-
14. The equality bodies lack independence and resources.
Legislative interventions during the last 20 years have resulted, on the whole, in an
effective implementation of the EU directives on gender discrimination in Italy and,
sometimes, domestic legislation has gone even further than EU law. Decree No. 198/2006,
a consolidating act called the Code of Equal Opportunities between Men and Women’ (the
Equal Opportun ities Code) , contai ns all anti-discriminat ion provisions relating to gender
that were issued to implement EU directives or that were already in conformity with them.
It combined all the provisions on gender discrimination and equal opportunities in all civil,
political, social and economic fields, including working relationships. Another important
piece of legi slation in this field i s Act No. 53/2000 (and its subsequent amendments) on
supporting motherhood and fatherhood, time for care and for vocational training, and
coordination of hours in the town’s public services. Decree No. 151/2001 on the protection
of motherhood and fatherhood, includes all rules on pregnancy, maternity, paternity,
parental leave and leave relat ed to work-life balance, as well as implementing
Directives 2006/54 and 2010/18. Act N o. 120 of 12 July 2011 introduced a quota system
for the appointment of managing directors and auditors of listed companies and state
subsidiary companies, where each sex cannot be represented in a proportion lower than
one third. Furthermore, Act No. 215 of 23 November 2012, Act No. 13/2014 and

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