The importance of fair compensation for professionals
In a statement from the CNAPPC, dated October 18, 2024, Crusi underlined how the compensation for professional performance it must be fair and proportionate to the value of the work performed. This principle has been strengthened by recent rulings of Regional Administrative Courts which have highlighted the mandatory nature of the law on fair compensation. In particular, Crusi highlighted the importance of applying this principle also in public contractsreiterating that this represents a decisive step towards protecting the professional dignity and rights of self-employed workers.
Fair compensation, Crusi specified, does not only concern correct remuneration, but is fundamental for promote a culture of mutual respect between the client and the professionalas well as to enhance the skills of workers in the sector.
The sentences that strengthen fair compensation
The recent sentences of the Regional Administrative Courts of Veneto, Lazio, Sicily and Bolzano have further clarified the need to respect fair compensation already from the initial phase of the assignment procedure. These sentences have in fact confirmed that the law, which provides for compliance with ministerial parameters for determining compensation, is of an imperative nature and non-negotiable. According to these rulings, the compensation must be fair and must be linked to the parameters established by law, without the possibility of derogation.
Crusi explained that these jurisprudential decisions reiterate the obligation for the Public Administration to respect the ministerial parameters from the start of the tender, avoiding any reduction in compensation that could undermine the dignity of the professional.
Fair compensation and public tenders
Crusi also underlined how the application of fair compensation in public tenders leads to a strengthening the protection of professionals. The economic operators participating in these tenders, whether large or small, Italian or from other EU member states, know that the competition will mainly shift to accessory profilessuch as overheads or the quality of the offer, not on the reduction in compensation.
The fair compensation mechanism, according to Crusi, therefore allows us to combine flexibility and competitiveness without compromising the right of professionals to be adequately remunerated. Furthermore, this system is fully compliant with national and European Union regulations, guaranteeing respect for freedom of establishment and the right to provide services under competition.
Analysis of the ONSAI Observatory on the Use of Fair Compensation
In support of what Crusi stated, a recent analysis by the ONSAI Observatory of the CNAPPC-CRESME has highlighted a significant growth in the application of fair compensation by the contracting authorities. The analysis, which monitored ordinary sector tenders for the awarding of design services issued between 1 July 2023 and 30 September 2024, found a significant increase in the use of fair compensation, especially in the third quarter 2024.
According to the data collected, 58.3% of the notices published in this period it provided for the application of fair compensation, while a year earlier the percentage was only 12.3%. The economic value of the contracts involved also increased significantly: in the third quarter of 2024, 55.9% of the total tender amounts included fair compensation, compared to 12.4% in 2023. Another interesting data is that in 53.8% of tenders analyzed a discount was requested only on additional costs and not on professional compensation, while in 4.5% of cases the fixed price was used.
From the press release by Silvia Renzi, CNAPPC press office