Regulating agricultural work and the labour market to prevent exploitation: the Italian perspective

Abstract

The paper tries to answer to the question of how to promote a preventive approach to labour exploitation and, consequently, the necessary steps to facilitate a multi-dimensional regulatory system. We begin by offering a literature review on the topic of the regulation of agricultural work, from a multidimensional perspective, outlining global regulatory challenges and specific contextual responses. Next, we provide a brief insight into recruitment mechanisms within the farm industry and its effects on farm workers. We look at the role of the public services and private intermediaries, while also briefly highlighting main structural and critical aspects of Italian’s job placement services. In this scenario, technological solutions have been promoted to facilitate the matching of job supply and demand. The key issue concerns the following: are these services and measures able to encourage the interaction between employer and employee and respond to the recent demand for a skilled, trained and regular workforce? Although the scope of this question is too wide to address in a single essay, evidence from our research suggests that they are necessary but non-sufficient. We will then analyze and critically evaluate several regulatory instruments, from aspects of collective regulation and representation of workers to institutional instruments put in place to enhance self-regulatory practices (the so-called Rete del Lavoro Agricolo di Qualità and Regional approaches to incentivize labour law compliance and responsible business operations) and the experience of voluntary approaches in the absence of institutional support. In conclusion, we draw from the analysis and the critical reflection to suggest possible regulatory solutions and intervention and to develop guidelines for policy makers and labour scholars. In particular, we support the idea of a necessary integrated and multidimensional regulatory approach, to combine labour law regulation and repressive measures with a system of shared governance and increased businesses participation, alongside with the need to create local regulatory forums and enhance social dialogue.