Overall assessment

• Author: Renga, Simonetta
• Pages: 92-98

92

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-

employment.

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