Professional reform coming to the Senate: what changes for technical professionals

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Emma Potter

Confirmed fair compensation and internship with reimbursement of expenses

The rules for agreeing the compensation do not change, which remains free, but it has been clarified that it must be proportionate to the quantity, quality and characteristics of the service. For each Order, updated parameters are envisaged, which can be used in judicial settlements and within the framework of the fair compensation regulations already in force from 2023.

The explicit right of the intern to reimbursement of expenses incurred on behalf of the host firm or professional was then introduced – today not guaranteed in a general way. Furthermore, through a specific contract and with the exception of public bodies, an indemnity or compensation proportionate to the activity actually carried out may be recognized.

An explicit safeguard clause is introduced regarding study requirements for accessing the profession. Let it be stated in black and white that this additional training requirement will not affect the skills of those already registered with the current qualification.

Professional liability halved in relationships with private individuals

For the professions affected by the delegation (15 in total, for almost 700 thousand registered in the Registers, with the exclusion of lawyers, accountants and healthcare professionals, subject to separate delegations), a limitation period of five years is introduced for liability actions for relationships with private clients instead of the ten years currently foreseen by the general rule on contractual obligations. The deadline for relationships with public administration, banks, insurance companies and large companies remains unchanged according to the rules already established by law 49/2023.

Guarantee systems remain in place for professionals in the event of failure to comply with fiscal, tax and social security deadlines due to accidents, hospital admissions, serious illnesses or maternity.

Professional consultancy and partnership between professionals

In the matters of specific competence of those registered in the Registers, the consultancy activity is also formally recognised, although today it is not always explicitly included among the reserved competences. The implementing decrees will then go into detail and define the operational parameters.

The regulations on corporate composition then change: at least two thirds of the share capital and voting rights must belong to registered professionals, and profit sharing must always be proportional to the capital shares held. Today there is no explicit minimum threshold of this type, and profits can also be distributed in a manner that is not proportional to the capital.

The delegation provides for the elimination of double supplementary contributions for professionals working in companies.

Reserved activities, specializations and incompatibilities

Any future measure that limits access to or exercise of a profession must be justified by reasons of general interest – safety, consumer protection, environmental protection – in line with the European standard already implemented in Italy.

The skills remain recognized to those enrolled in line with the training path – qualification, internship, qualifying exam. The delegated decrees will have to define the perimeter of the activities on the basis of the regulations already in force, coordinating the skills shared between similar professions, without however attributing new skills.

For the categories that request it, after evaluating the opportunities and having consulted the competent National Council, the organization of specialization courses may be regulated, entrusted to the National Councils and territorial orders, also in collaboration with universities.

The reorganization of the regime of incompatibilities with the exercise of other activities is foreseen, to overcome constraints currently considered obsolete.

No to trade union activity for Orders

Orders and Councils are expressly qualified as public bodies that operate in the public interest and which cannot carry out trade union activities. This is a clear distinction that aims to separate the function of supervising the profession from the representation of the economic interests of the category.

The orders, however, will be able to organize mandatory training events, including on digital skills and artificial intelligence through the established foundations.

The codes of ethics must be updated with rules on privacy, cybersecurity and ethics in the use of AI, in compliance with the principle according to which technology remains a support tool and does not replace the competence of the registered professional.

The methods for electing national and territorial bodies remain under review, with guarantees of representation and gender equality. Electronic voting remains optional, and the results must be kept for the entire duration of the mandate.

Comparison table

Let’s summarize with a table what changes with the upcoming reform of professions:

Matter

Today

What changes

Technical consultancy

Not always explicitly recognized among the reserved skills

Formally recognized; exclusivity will be defined by the implementing decrees

Society between professionals

No minimum capital/vote threshold reserved for professionals; profits that can be distributed even if not in proportion to the capital

At least 2/3 of capital and votes to registered professionals; profits always proportional to capital

Social security contribution

Possible double payment of the supplementary contribution for those who work in a company or with a single client

Duplication eliminated

Apprenticeship

No general obligation to reimburse expenses or compensation

Guaranteed expense reimbursement; possible indemnity or compensation proportionate to the activity carried out

Professional orders

Supervisory and representation roles are not always clearly distinguished

Qualified as non-economic public bodies that cannot engage in trade union activity

Educational qualifications

No explicit guarantee on skills in the event of an increase in requirements

The skills of those who are already enrolled remain unchanged even if future requirements change

Professional responsibility

10-year limitation for relationships with private clients

Limitation period reduced to 5 years for the same relationships (unchanged for PA, banks, insurance companies, large companies)

Continuous training

Role of the foundations of the Orders not explicitly recognized

Foundations will be able to organize mandatory training, including on AI

Limits on the practice of the profession

The European standard of justification is not always referred to

Any future limits must be motivated by general interest (safety, consumers, environment)

Read and download the text of the bill here

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