Fair compensation of professionals, green light of the Chamber

15/10/2021 – The Chamber of Deputies has given its green light to bill 3179 on the subject of fair remuneration for professional services (Meloni bill).

During the exam it was deleted the article that allocated 150 million euros per year from 2022, to be drawn from the Fund for non-deferrable needs referred to in paragraph 200 of the 2015 Budget Law.

The government – Undersecretary for Justice Francesco Paolo Sisto said in the Chamber – undertakes to adjust professional rates”.

But, due to the lack of financial coverage, “the law risks being a manifest law”- warned the deputy of LEU, Federico Fornaro.

The Chamber has added a transitional provision that extends the scope of the new discipline to the agreements in progress, even if signed before the reform.

Fair compensation, the reactions of CoLAP and Confprofessioni

“It is not clear who wanted this measure, given that as it is written it penalizes professionals”. Thus the president of the CoLAP Emiliana Alessandrucci. “The timing and methods implemented by the government should also be censored: the text was presented in June and already rejected by the professional representation because it was unsuitable”.

“Now, after months of silence, the Chamber has decided to close in two days, also forcing the parliamentary calendar – adds Alessandrucci. An unjustified haste after a months stalemate equally meaningless. It is necessary for the Government to intervene by listening to the proposals of the professional world, which for years has been asking for real protection of its remuneration and respect for its working activity ”.

“Disappointed for a missed opportunity”. This is the comment of the president of Confprofessions, Gaetano Stella. “I find it difficult to express satisfaction with the provision approved by the Chamber of Deputies: a text that does not respond to the needs and requests of the professional ordinists and non-ordinists”.

“The scope of application of the standard is completely off track. We continue to insist on professional relationships regulated by ‘agreements’ with banks, insurance companies and large companies which, however, are only a part of the clients of professionals – explains Stella – but no reference is made to individual professional relationships, that is, relating to the individual services they represent most of the tasks assigned by the PA to professionals and which remain outside the scope of the law “.

Absurd then – adds Stella -, that instead of punishing the client who does not apply fair compensation come sanctioned the professional, not to mention that a professional registered in an order would face an ethical disciplinary offense, while a professional not registered in an order would not. Furthermore, it is not explained why orders are granted the power to appeal to the judicial authority: not only is their function incompatible with the protection of the economic interests of their members, but it is equally absurd that such actions can be activated without prior consent. of the professional concerned “.

Inarcassa Foundation: ‘reintroducing a minimum remuneration threshold’

“The Chamber of Deputies has given a signal of great attention to the world of the free profession. It was not at all obvious that the provision regarding fair compensation would be approved at first reading in a short time after the cancellation of the State Accounting Office on the coverages. For the moment we can be satisfied. The alarm cry raised in recent years by the professionals has finally been picked up ”. Thus begins the president of the Inarcassa Foundation, Franco Fietta.

“A part of the political forces – he adds – realized that the liberalization season has failed to meet all expectations. We think that the time is now ripe to enter a new phase where the issue of an income proportionate to the service rendered becomes central again in policies that look to the free profession. The Senate will have the task at second reading to make some necessary improvements to the text ”- continues Fietta.

According to the Inarcassa Foundation, it is fundamental extend the scope of fair compensation also to relations with private individuals and it is appropriate, also in the light of the disregarded results of the liberalizing policies, the reintroduction of a limit or threshold below which the remuneration cannot be considered fair.

The Meloni bill for the fair compensation of professionals

We recall that the bill presented by the deputies Meloni (FdI), Morrone (Lega) and Mandelli (FI) began its process in the Chamber at the end of last June.

The bill defines ‘fair compensation’ as the payment of a remuneration proportionate to the quantity and quality of the work performed, the content and characteristics of the professional service, as well as in compliance with the remuneration provided for all professionals.

The text limits the rules to services rendered to companies with more than 60 workers or more than 10 million euros in revenues.

The bill proposes to make the agreements that envisage a clearly disproportionate remuneration are void compared to the work performed or the service rendered, i.e. lower than the parameters or rates set by ministerial decrees. It is envisaged that the homogeneous individual rights of professionals can also be protected through class action.

The troubled process of the Meloni bill

The doubts of ProfessionItaliane immediately emerged, asking to “bring the measure into the reality of our country”. Criticisms too the trade union associations that contested the attribution to the professional associations of the role of representation, Confprofessioni that asked for tweaks to the text, the CoLAP, according to which the text risks creating more problems than benefits, and Asso Engineers and Architects: “the Orders cannot represent us”.

For these reasons, at the beginning of August the text returned to the Commission to be resumed only at the beginning of October and to complete its process in the Chamber two days ago.

The text of the bill now goes to the Senate.

Source: Le ultime news dal mondo dell'edilizia by www.edilportale.com.

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