tariffe professionisti

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the draft law on liberalizations also intervenes on the front, crucial, of the professions. and it does so from one of the snodes, even media, more evident, that of the tariffs. to be deleted are therefore all parameters, both minimum and maximum, including those for the determination of the honors due to the notaries.

Consequently, the civil code is also amended: in Article 2233 the reference to the professional tariffs of the first subparagraph is thus reset and established that the judge, when the compensation cannot be determined according to the uses, decides according to fairness and no longer with the previous acquisition of the opinion of the professional order of reference.

opinion that becomes useless also in the context of the application of injunctive decree aimed at obtaining the payment of what is due. fares disappear, however, the measure poses the obvious problem of transparency, solving it with the introduction of a real obligation, with deontological relevance in case of transgression, of drafting the estimate of the performance and communication to the customer.

the professional will then have to inform the customer of the existence of an insurance cover, its duration and its ceiling, which guarantees the ability to compensate for damages caused to the customers in the exercise of the activity.

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source and info:http://www.periti.info/professioni-...l&utm_campaign=newsletter_periti_2_18_01_2012draft of the decree:http://media.teknoring.it/file/no_comment/decretoliberalizzazioni.pdf

 

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sent to the Minister of Labour and Social Policy Prof. elsa gave the first indications for a reform of the free professions of the technical sector





to the
Minister for Labour and Social Policy
prof.ssa elsa furnace

indications for a reform of the free professions of the technical sector

the constant insertion, over the years, of legislative measures not congruent with the real functions and with the responsibilities burdening on the free technical professions, has determined the marginalization and the economic crisis has almost enshrined the cancellation of every perspective of free and democratic development.
we do not intend to carry out here a detailed analysis of the operational distortions that led to this state of crisis; We believe that we should take advantage of this meeting in order to expose to you and to the government the criticalities which, in our view, presents the whole system and the remedies that we think should be adopted.

abolition of tariffs - abolition of tariffs - even as a reference base for professional skills - without the contemporary indication of professional performance assessment procedures, has generated a reduction of the cost of professional services below any relationship with the intrinsic value of the performance. from this are derived phenomena such as the leavening of work in black and the massive exploitation of young people within university faculties.
confedertecnica has no contradiction to the suppression, however already widely applied to our professions of architect, engineer, expert and geometra. However, we believe that it should be accompanied by a quality control of the performance provided and the final results. It is clear now to all that the rebates obtained - and demanded - from public administrations on professional compensation for public works, do not represent at all an advantage for the same, that, at the end of work, just for the quality of the performances received - low, like the compensation - between periciousness, reserve and litigation, find themselves to spend more than they have "resparmiated" and more with works of poor quality. In our view the cost of a professional service must also be assessed according to subjective parameters regarding the characteristics of the project, (congruity assessment), and objective thresholds must be identified beyond which the performance cannot be performed in terms of correctness and transparency (anomaly threshold).
a new valid meter of judgement can not ignore a dialectical comparison between the national trade union representations of the professions and the subjects of the public commission, which together must concert the reference evaluations according to real parameters of complexity of the technical engagement, times and supplementary costs and involvement of the professionals: also in analogy with the increased flexibility, within general limits, of the individual cost of work in employee bargaining. an example to follow could be the one wisely adopted by germany.

role of orders and colleges - the last provisions of law and drafts circulating on the next liberalization measures that the government will adopt have emptied almost entirely the orders and the collegi of the powers of competence. removes the judging function, the vidimation of the parcels and the possibility of training, for a long time abandoned the equivocal interpretation of protection of the interests of the categories - which can only be supported by the legitimate and free associative representations with a union character - to the orders and the colleges is only the estate of the albo; for which would be enough a notary. is under the eyes of all the failure of their current institutional tasks to protect the community. In addition, the management costs, totally dependent on the members, have often been burdened with charges for further bodies not provided for by laws, such as the orderly foundations, which, in the light of the legislative framework that is envisaged, have no reason to exist and should be suppressed.
Confedertecnica is of the opinion that professionals will not make a drama of the reorganization of orders, always holding that their suppression is not absolutely desirable.
We express the hope that the reform of the orders that the government will be going to be incisive and real modernization and pay special attention to the specificities of technical professions.

defect of representation - lack of parity - the employee, in p.a. as in the entrepreneurial world, it has reference, for the exhibition of its rights, in the respective oo.ss. protected and structured, with consequent costs that we all have to support. for free professionals, in particular in the technical area, trade union representation is possibly tolerated, but without any mechanism, orderly, social security or contributions, authorise some form of support other than voluntary support.

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source and info:http://www.periti.info/confedertecn...l&utm_campaign=newsletter_periti_2_18_01_2012

 

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...... (to be continued) ...


public technical services - predominant position in contrast to the free market - an incorrect and instrumental interpretation of the operational distortions of the first republic has attributed to the p.a., specifically to the technical offices, although in the absence of adequate structures and vocational training, tasks and roles always exercised outside. the result achieved was to lower the level of institutional performance, facing with various stratagems the new tasks in a marasma of functions where often overlap forms of controller and control, with economic prejudice, quality and execution times, as well as lowering the threshold of transparency.
the costs of public technical services should be evaluated altogether, with specific chapter of expenditure, from which the possibility of entrusting them entirely, or largely, to the free market, as already happens for health services. It is believed to be worth pointing out that the vast majority of in-house professional services are carried out without payment of the income, with heavy damage, by subjects not carrying out the free profession. the acquisition of the iva, individual and corporate position must constitute a priority obligation for the too many “authorized evaders”. Moreover, the acquisition of the same for professional purposes must include clear forms of incompatibility with public service activities.

companies between professionals - the law12-11-2011 n.183, allows the formation of companies among professionals who admit the presence of members "of only capital", without placing limits to the participation quotas of the latter. in the event that professionals were minority members within society, they could lose the fundamental characteristic of free profession, autonomy. We therefore believe that it is essential to change the provisions, providing that the majority in the shareholding quotas should be reserved to professionals, as a guarantee of the prevalence of the company's professional content in relation to the profit requirements of the capital.

Young freelancers - internship - is a crucial node for the future of our country. There are tens of thousands of young colleagues architects, engineers, experts and geometries, who lend their intellectual work to studies and companies, perceiving compensation of mere survival on presentation of invoice: is a people of games with a single customer, but at all effects it is employees because they lack the professional autonomy that characterizes the free professional. and a completely abnormal situation, also caused by the system of the above mentioned rebates.
in our professions coexist technical aspects and social responsibility (for safety, for the environment, for well-being) that oblige to continuous cultural and operational training and that would presuppose forms of post-university internship or post-diploma to be carried out at the studies of freelancers, but whose burdens are balanced with respect to the needs of work. given the current social situation, there may also be a minimum wage of support, if certified by collaboration carried out in professional studies: In this way, the state aid should not be dispersed in mere aid, but aimed at the formation of young people and the growth of the same and the studies that host them.

Social security – all the professions, members of the Confederation are protected previentially through a private law association subject to the controls of the competent ministries. There is no burden on the state. We believe that it is a wealth to be safeguarded, in the awareness of the need to ensure, with an eye-catching management of resources, the sustainability of our social security system, as well as properly requested by the government. the hypothesis of establishing a single insurance fund for all professions does not seem to be persecutable, according to the peculiarities of each of them. the transition to an integral contributory system - however, already partially used - and the abolition or modification of retirement pensions, which are among the objectives which the government intends to pursue, will certainly have to find answers in the individual cases.

Final notes - the deliberately schematic analysis and the addresses outlined - surely congruent with the government's commitment to reform that generates equity and development and does not require public costs - are projected towards a system that works by limiting the current prevail, until the prevarication, of interests of part and ending the state of difficulty in which the freelance technicians pour.
We trust that it is finally aware that an open system of liberalizations cannot ignore a bureaucracy open to society and consons of its own limits, from a university sector that compresses forms of dual or triple work, from the authoritative activity of some agencies, from the subjectivity of initiatives of dubious opportunities by the insurance companies, as well as from the improper interference of representative part of the entrepreneurial world, interested in appropriate control of the costs
only certain rules and certainty of application of the rules will prevent a great heritage of technical skills and knowledge, recognized everywhere and at every level, not to be dispersed. It would be an iattura not only and not so much for free professionals, but especially for our country, to which we want to be able to make our important contribution, in cultural and economic terms.

the national secretary (prof. p. i. enrico stasi)

the president (dr. ing. francesco galluccio)

source and info:http://www.periti.info/confedertecn...l&utm_campaign=newsletter_periti_2_18_01_2012