DISCLAIMER

In case of interpretation or translation misleading, the Italian version will prevail.

DURATION
1 day

DATE
14 october 2025

OPENING HOURS
9,00 – 13,00 / 14,00 – 16,30

PARTICIPATION FEE
euro 470,00 + VAT (the fee is exempt from VAT if paid by public bodies)

SPEAKER
Lawyer Albino ANGELILLO
Labour lawyer in Rome, patrocinante in Cassazione, decentralised trainer for the district of the Court of Appeal of Rome (Scuola Superiore della Magistratura)

RECIPIENTS
Managers and officials of public bodies. Managers of contracts and human resources management offices, as well as personnel interested in the subject matter for work reasons. Public employees interested in the subject matter. Self-employed workers.

PROGRAMME
Legal framework on the subject of entrusting external appointments in the P.A., between service contracts and self-employment assignments. When is a service and when is an assignment. Nature and object of the assignment. Legislative Decree 163/06 and Legislative Decree 165/01; disciplines compared also with reference to Legislative Decree 50/16, as amended by Legislative Decree 56/17.
The assignment of tasks in the NRP projects. Decree-Law 80 of 2021. The special procedures for the recruitment of personnel and the conferral of professional appointments for the implementation of the PNRR by public administrations. The recruitment portal. The selection of candidates through the portal’s lists. The requirements for inclusion in the lists. The eligibility procedures. Fixed-term recruitment. Grading and equivalences.
Examination of new regulations and orientations of jurisprudence; subjects of the Entity involved in the assignment procedure and in the management of the contract. The entrusting of external assignments as a service contract; general principles and protection of competition; programming of contractual activities; procedures for choosing the contractor; criteria for drawing up calls for tender; award criteria; hypotheses of fiduciary entrusting; entrusting in cases of urgency; types of contracts excluded in whole or in part from Legislative Decree 163/06; relations with professional companies after l. 183/11; entrusting of external appointments as a self-employed professional assignment; the provisions of Legislative Decree 165/01, art. 7 c. 6 and the interventions made by legislative decree 31/8/13, no. 101 and by Legislative Decree 81/15; the needs of the Entity and the legitimacy requirements of the external assignment; the professionalism of the appointees; the temporary nature of the assignment; publication and compliance with the principle of transparency. The principles of the Court of Auditors to be observed in the conferment of the assignment. Distinction between consultancy assignments and study assignments, the intervention of the Unified Sections of the Court of Auditors. Distinguishing features and applicable rules.

The new discipline of self-employment contracts after the latest amendments to art. 7, par. 6, Legislative Decree 165/01 in the light of the labour market reform (l. 92/12), l. 228/12 and l. 125/13; prerequisites of legitimacy for the stipulation of professional assignment contracts in the P.A. ; telematic communications; types of contract that can be used; self-employment, co.co. and occasional work; the so-called VAT numbers; the ‘proven university specialisation’; contents and exceptions provided for by the new discipline; the prohibition on IT consultancy (paragraph 146 of art. 1 l. 228/12).

The legal framework of the conferral of study and consultancy appointments up to l. 114/14. Comparative procedures for the selection of collaborators; the act of conferment of the assignment; powers to adopt it, minimum content of the contract; publicity of appointments and consultancies. Reference standards and compliance with the principles of transparency by public administrations. Limits for application in local authorities. Article 90 of Legislative Decree 276/2000. The applicable rules and the interventions of the Court of Auditors. The prohibition of the extension of contracts under Article 7 paragraph 6 of Legislative Decree 165/01 pursuant to paragraph 147 of Article 1 Law 228/12. The issue of exceptionality and the amount of the contract. The precise indication of the objective/project and the remuneration. Comparative procedures for the selection of collaborators; the act of conferring the assignment; powers to adopt it, minimum content of the contract; publicity of appointments and consultancies. Reference standards and compliance with the principles of transparency by public administrations. Appointments of employees; conditions, incompatibilities and possible appointments; rules of the 2012 anti-corruption law; authorisation and reporting. The impact on anti-corruption legislation and operational implications.

Tax and social security treatment of remuneration paid in the case of external assignments; multiple tax qualifications in the presence of a ‘self-employment contract’; project work, co.co., occasional work, professionals and 2012 regulations. The discipline of project work designed by law 92/12; management of tax, social security and insurance obligations in the various types of contract.
The labour reform the new rules for co.co.pros. The nature and object of the project, the absence of the project as absolute presumption of subordinate work. The interventions of the Ministry of Labour. The Ministerial Decree of 20/12/12. Limits for application in the public administration. The right to minimum remuneration. Law 99/13. Termination before the expiry of the contract and false VAT numbers pursuant to Circular no. 32 of 28/12/12 of the Ministry of Labour. The ‘false VAT numbers’ and the cases of inapplicability of the presumptions. Joint and several liability in contracts. The new rules for withholding taxes and VAT. Limits to related labour services. Liability for wages and contributions. Novelties in the management of obligations in the case of assignments entrusted to societies among professionals (STP) after the new rules introduced by Law 183/11. The principle of harmonisation. Article 17, c. 30, l. 102/09.

The preventive control of legitimacy on the acts of public bodies by the Court of Auditors. Application profiles and exceptions. Discipline of employment. Self-employed, subordinate, seasonal, atypical work. The difficulties of coordination between the various existing regulations. The interventions of the 2017 Stability Law for universities.
The extension of the conferment bans to investee companies. Resolution Corte dei Conti – sez. regionale di controllo per la Sardegna 15/10/2020 no. 90
DFP Opinion no. 81269 of 18/12/2020 on the subject of appointments to retired persons.
International conventions against double taxation; regulatory, tax and procedural aspects. The criteria of tax residence of natural persons.

Coordinated and continuous collaboration contracts with tax non-residents; application aspects and contractual profiles. The issue of university specialisation with reference to qualifications. The issue of stamp and registration tax on self-employment contracts. Occasional self-employment contracts with non-residents; application aspects and legal profiles. Treatment of expense reimbursements in the various cases.
Analysis of contractual schemes. Mandatory and optional aspects. Circular No. 6/14 of the Civil Service specifying the assignment of tasks, limits and framework. Impact of case law. Mandatory and optional aspects. Reasoned case law. Operational and management reflections. The so-called Jobs Act labour reform (l. 183/14 and delegated decrees); objectives and approach. From self-employment to subordination in the new T.U. of contractual flexibilities. Scope of application of the reconduction to subordinate work the collaborations organised by the principal subject to conversion the requirements for the application of the discipline of subordinate work the excluded collaborations modalities of application of the new regime of self-employment and collaborations in the PP.AA. and in participated companies.

Project work. The regulatory changes from 2003 to the present. The repeal of project work for 2015. The survival of co.co.s. ex art. 409 c.p.c. The objective and subjective limits to the conclusion of contracts. The definition of a project. the repeal of the programme and stage type of work. the congruous remuneration. The reference to the sectoral CCNL. The consequences of violation of the regulations in force. The presumption of subordination and proof to the contrary. the economic consequences of the judicial decision to convert the relationship. Examination of the issue of the abolition of co.co.s and the intervention operated by the ‘milleproroghe’ decree for the year 2017 (d.l. 244/16).
The regulatory interventions operated by the so-called Madia reform (Legislative Decree 75/17). The implementation of art. 2 dl.vo 81/15 and the prohibition on the stipulation of co.co.s in the P.A. The issue of ‘heterorganisation’. The contracts that can still be stipulated. The interventions on the point by the Civil Service: circular 3/2017. The ANAC determination 833/16. Entry into force of paragraph 1148, letter h), of Article 1 of Law no. 205/2017, which, by amending Article 22 of Legislative Decree no. 75/2017, paragraph 8, as further amended by paragraph 1131, letter f) of Article 1 of Law no. 145/2018, provided for the application to the PA of the provision set out in Article 7 of Legislative Decree no. 165/2001, paragraph 5-bis, to 1 July 2019.
Answers to questions.

ISSUANCE OF THE CERTIFICATE OF FREQUENCY AND PROFIT

The CEIDA has applied for renewal of accreditation with the Lazio Region, following the adaptation of facilities to ensure full accessibility, in accordance with current regulations. Pending the confirmation of accreditation, the certificate of attendance and profit will still be issued, subject to reservation, according to the procedures provided by the regulations currently in force.

IMPORTANT RECOMMENDATION

Please note that the activation of the course will only take place following written communication from CEIDA. Therefore, we strongly advise against making reservations or purchases of travel tickets, accommodation or other related services before receiving such official confirmation, including the mode of course delivery (face-to-face or distance). CEIDA accepts no responsibility for any expenses incurred in advance and shall not be liable in any way for reimbursement or compensation of a financial or other nature.