(Finance) – Here comes the green light of the House Judiciary Committee to the bill on fair compensation to professionalswhich it could receive definitive approval after Easterwhen it shows up in the Chamber on 12 April for the final grade. The passage to the Senate in mid-March, in fact, had had to correct a technical error in the text, which was referred to an article later repealed of the Cartabia law.
The purpose of the provision is avoid economic exploitation and protect professionals who lend their professional work for the benefit of the Public Administrations and in contractual relationships with strong clients, such as banks, insurance companies and large companies.
And therefore fair compensation applies as often as a professional deals with PA, banks, insurance companies and with large companies with more than 50 workers and more than 10 million turnover.
What is fair compensation? The fee of a professional is retained “fair” if it is proportionate to the quantity and quality of the work performed and to the content and characteristics of the professional service, as well as compliant with the fees set by professional orders. For professionals enrolled in orders and colleges, therefore, the compensation is fair if in line with the table indications of the respective orders and compliant with i parameters that judges must follow to determine the fees in the event of disputes based on the two “parameter” decrees, Ministerial Decree 140/2012 and Ministerial Decree of 17 June 2016.
The agreements that do not provide for online compensation with these indications they are nullbut the nullity of the relative clauses affects the other parts of the contract, which remain valid.
In the event that the judge ascertains the unfair nature of the compensation, he may order the customer to pay the difference between the fair compensation and the amount already paid to the professional. At the same time, i professionals who agree to an unfair compensation are subject to disciplinary sanctions of the respective professional orders and colleges and the adoption of specific ethical standards.
It is also established the national observatory on fair compensation in order to supervise the observance of the provisions contained in the law.
(Photo: Photo by Scott Graham on Unsplash)