Beautiful Agony Best Of

Opinion UPPA (Department Staff) January 21, 2008, No 3407

Opinion UPPA (Department Staff) January 21, 2008, No 3407
questions regarding the provisions contained in Article 3, paragraph 76 of Law No 244, 2007

With reference to the requirements of this company with the footnote 87, January 10, 2007, shall provide the following clarification.
Further clarification made by the legislature in the provision referred to in the subject, about the requirement of " particular expertise and proven university "for the Appointment of collaboration, emphasizes the need for high skills.
Regarding the requirement for particular skills is seen as the use of "experts particular expertise and proven university" should be regarded as the minimum necessary possession of the degree or equivalent. Consequently, the government may not enter into contracts with self-employed people with lower skills. Moreover, the reference to the experience and special competence, as well as the need for a selection procedure for the transfer of tasks, to acknowledge the need to find employees who have been active in the field of interest.
This requirement, which is coordinated with the assumption of the absence of similar experience within the administration, argues for an impossible to use collaborations external routine, with the consequent illegality of the contracts concluded in breach of those conditions.
It also should be clarified that the amendment of Article 36 of Legislative Decree No 165, 2001, made by the Finance Act for 2008 Article 3, paragraph 79, not the relations of self-employment. In fact, the changes to Article 7 of Legislative Decree No 165 of 2001 already by Decree-Law 233, 2006, and made mentioned in Article 36 are intended to bring the use of different types of contract, self-employment and employment, to their own purposes that are distinct and can not be considered comparable.
This implies that the temporal limit identified in Article 36, paragraph 1, of Legislative Decree No 165 of 2001, as amended by the Finance Act for 2008, does not apply to employment contracts that are self-employed basis and therefore not included in the category of flexible work contracts subject.
Further clarifications on the issue of external collaborations will be contained in a circular, specially crafted by this Office, forthcoming.