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Autonomy and subordination in the employment relationship of scientific representatives

Every economically significant human activity can be the subject of both an independent employment relationship and a subordinate employment relationship, depending on the methods of its performance and regardless of the nomen juris used by the parties. The burden of rigorously proving the modalities of the effective performance falls on the interested party.

 

This guide is for illustrative purposes only and is not exhaustive.

 

In implementation of directive 2001/83/EC (and subsequent amending directives), relating to a Community code concerning medicinal products for human use, as well as of directive 2003/94/EC which establishes the principles and guidelines of good manufacturing practices relating to medicinal products for human use and medicinal products for human use in the experimental phase, legislative decree 219 of 24 April 2006 was issued, published in the Official Journal General Series n. 142 of 21 June 2006, aimed at regulating the preparation and placing on the market of medicines throughout the national territory (see previously Legislative Decree 541/1992), punctually providing for the form of advertising entrusted to scientific representatives whose requirements and activities are indicated by the legislation. In particular, the art. 122 of the aforementioned decree provides that: "Information on medicines can be provided to doctors and pharmacists by scientific representatives ...", indicating verbatim the requirements of the drug scientific representative (ISF) ... "... Without prejudice to the situations regularly in place on the date of entry into force of this decree, scientific representatives must be in possession of a university degree pursuant to law No. 341 of 19 November 1990, or a specialist degree pursuant to the decree of the Minister of University and Scientific Research and technology no. 509 of 3 November 1999, or a master's degree pursuant to the decree of the Minister of Education, University and Research no. 270 of 22 October 2004, in one of the following disciplines or in one of the scientific-disciplinary sectors to which the declarations of the disciplines themselves refer: medicine and surgery, biological sciences, chemistry with an organic or biological focus, pharmacy, pharmaceutical chemistry and technology or veterinary medicine. In

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Fedaiisf Federazione delle Associazioni Italiane degli Informatori Scientifici del Farmaco e del Parafarmaco