Italy: Legislation concerning disabled people and employment

The first law, n 482 of 2 April 1968, concerning the placement in Italy of disabled people, introduced the obligation for the enterprises to employ people with a disability degree higher than 45 %. The Ministry of Welfare has promulgated a new law, n 68 of 12 march 1999, with the aim of facilitating even more the placement of disabled people and promoting a cultural and organizational significant change within all public offices dealing with employment services assisting disabled people.

Beneficiaries Requirement - Who is in charge of assessment
People with physical, psychical, sensorial or mental impairment
Reduction of the work ability > 45%
A competent technical commission (art. 4 law 104/92)

Disabled due to accidents on workplace
Inability > 33%
INAIL (National Institute for the insurance against accident at work)

Blind and deaf-mute persons
Civil and war invalids DPR 915/78
The law n 68/1999 is based on the concept of matching the offer of the company with the characteristics of the disabled person. That means that employers have an obligation in hiring people with disability, but the engagement doesn't happen only through employment lists, but taking into account potentialities and competences of the person so that there is an endeavour to put the right person in the right place.
Art. 10 clearly states that "the employer cannot ask the disabled worker for a performance, not compatible with his/her impairment".

Beneficiary persons (Art. 1)
Obligation Quota and Modality of Engagement (Art. 3,7)
Both private and public employers are obliged to employ disabled workers according the following proportion:
- Number of employees Obligation quota Modality of engagement (private sector)
15-35 employees (only in case of new engagement)
1 disabled worker Nominative
36-50 employees 2 disabled workers 1 nominative and 1 numerical call
More than 50 employees 7 % of the employees 60 % nominative and 40 % numerical
- Economical incentives for companies (art. 13)
State covers costs of disabled workers with the following modalities:
- for every disabled worker with disability > 79 %
- psychical and intellectual disabled workers

Total coverage for 8 years for every disabled worker with disability within 67 % and 79 % coverage for 50% of costs for 5 years.

For every disabled worker with disability > 50 %, refund for expenses due to adaptation of the workplace to the special needs (for examples architectonical barriers, telework positions, ...)

Sanctions (art. 15)
If the company does not send periodically a declaration of its staff situation and of the available positions for disabled workers Administrative fine of 500 euro plus 25 euro for every day of delay.
If a company doesn't fulfil its obligation to engage disabled workers 60 days after the date when the obligation begins the company must pay 50 euro a day for every not-engaged disabled person.
For defaulting public workers Administrative, penalty and disciplinary sanctions (according to the regulation for public employment) are inflicted to those persons, in the public administration, who are responsible of non-fulfilment of the law.

A number of new regulations, after law 68 of 1999, have been introduced. These are:
- Legislation from Ministry of Labour 76 del 24 novembre 1999 defining employment waiting lists, authorization activities, conventions with companies and juridical obligations
- Legislation from Ministry of Labour 77 del 24 novembre 1999 on criteria and modality of implementation of the law, beneficiaries definition, exclusions, public contest
- DPCM 13 gennaio 2000, specifying the responsibilities of the local competent technical commission, the criteria to be used to verify disabled abilities to work and identifying his/her the professional orientation, the cooperation among all local support agencies both of social security system as well as of employment sector
- Legislation from Ministry of Labour 17 gennaio 2000 introducing changes and measures to manage the transition phase, specifying quotas of jobs for disabled, economic compensations, employment lists
- DM. lavoro 7 luglio 2000 n. 357 determines the procedures to partially exonerate employers from the obligation introduced by the law n 68 of 1999
- Legislation from Ministry of Labour circolare n. 10/2003 on the certifications of fulfilment of
obligations toward disabled people required to companies taking part in public calls and bids

The Legislation D.lgs. 276/2003 has introduced an overall reform of the Italian labour market and consequently some changes on the procedures for ensuring the right to work for disables persons.
Since its formulation, this reform have risen a number of criticism among trade unions, specifically concerning new provisions for the employment of disabled persons. Nina Daita with a recent article, as national responsible for active policy measures for disabled persons of CGIL, one of the three main trade union in Italy, have underlined how the D.lgs. 276/2003 have introduced further discriminations against labour integration of disabled persons. More specifically it is said that this reform, introduced by Berlusconi government, foresee in art. 14 a definition of the disabled not as a positive element for the enterprises, as being an ill person thus unproductive who can benefit from a job but who cannot be integrated in a company.
A technical problem of the latest reform is that it does not consider, in the calculation of the workforce the interim temporary workers, thus excluding important sectors from obligations introduced by law n 68 of 1999.
Furthermore, it has been highlighted that the Decree 276/2003 does not fully transpose the framework Directive 2000/78/EC on equal treatment within the Italian context, as sometimes it is even in contradiction. Among others we quote here the differences with regard the burden of proof and the general definition of permissible justifications for differences in treatment.
In terms of the broader policy response to the Directive and antidiscrimination action programme, this has been very limited. No significant political initiative has been taken by the italian parliament; no new body has been set up to promote equal treatment; and no public action has been taken to disseminate information on anti-discrimination.
On a positive note, legislation n 4 of 9 January 2994 have introduced positive measures for enforcing the principle of equality exposed in art. 3 of the Constitution, thus ensuring the right to access all information and online services of all Public Administration offices to disabled persons. The law introduces positive definitions of "accessibility" and "assisted technologies" measures. Social dialogue on these issues appears to have been neglected.
To date, the State has not adopted measures to foster dialogue between the social partners aimed at promoting equal treatment, or to monitor practices in workplaces, collective agreements or codes of conduct. Nor have the social partners been encouraged to conclude agreements introducing antidiscrimination rules.