The critical issues raised by the ANA on the points-based license in relation to archaeologists
The National Association of Archaeologists does not share the interpretation of the National Labor Inspectorate which requires freelance archaeologists to obtain a points-based license to work on construction sites.
The obligation to obtain this license, designed to ensure the safety of workers on construction sites, it is not applicable to intellectual professions. Despite this, the INL does not take into account the intellectual and discretionary nature of the work carried out by archaeologists.
The president of the ANA explains: “The archaeologist is recognized by sector legislation as a high-level intellectual profession, like that of engineers or architectswho for this very reason are not required to comply with the obligation to obtain a safety credit license to work on construction sites. In this regard, this disparity in treatment to the detriment of our category, which goes, is incomprehensible in conflict with what is established by sector regulations. In this way thousands of professionals are put at riskwho have already told us that they have received threats regarding the possibility of losing their job or not being paid for services already performed”.
The risk of job loss and missed payments
ANA highlights reports from members of concrete consequences deriving from this regulatory interpretation.
Among the most serious problems are: loss of orders and non-payment for services already performed.
The Association therefore asked for a urgent intervention to the institutions to clarify these critical issues considered harmful and damaging for the entire sector.
The recognition of the intellectual profession
The president of the ANA underlines how the profession of archaeologist is comparable to that of other intellectual categories. “We ask for the same treatment as other intellectual professions – continues Giorgio. – As with architects and engineers, being an archaeologist is an intellectual activity. The archaeologist is a 360 degree consultantwhose performances, physical or otherwise, are not characterized by standardized operations but by actions that are carried out on the basis of the discretion of the professional based on his own competence and preparation, in line with what was defined by the Council of State with sentence no. 1234 of 02/21/2022 to identify intellectual professions. We hope that our appeal is followed up as soon as possible, otherwise it will risk seriously damaging the work of thousands of professionals, compromising at the same time 20 years of battles undertaken to see our profession recognized as a high-level intellectual.”
An appeal for regulatory coherence
The President stated regarding the FAQ published by the INL: “An FAQ is not a norm nor can it override or ignore another: rather, it serves to give indications, to resolve doubts, to provide an address. An FAQ must contain exact data, not incorrect interpretations or, even worse, harmful to a professional category, without any motivation or regulatory basis”. He then added: “The DM. 244/2019 is very clear: archaeologists carry out a profession of high intellectual content. It is, therefore, inexplicable to understand the rigidity with which the INL, which evidently does not know well what the profession of an archaeologist is, once again provides an incorrect answer in its FAQ where, in point no. 11, applies unequal treatment to archaeologists compared to that of other intellectual professions (e.g. architects or engineers)”.
The ANA therefore calls for immediate intervention to resolve the ambiguous situation that has been created. The recognition of professionalism and role in the cultural and working sector is essential to protect the future of thousands of professionals.
With the collaboration of the Press Office of the National Archaeologists Association
