Dear Colleagues
Thank you very much for your presence and for having sacrificed a day off to participate in this annual meeting. The Presidents representing the sections are always particularly active in proposing to their members initiatives to support the work activities of the ISFs. The quotas that are collected demonstrate the degree of success and the trust poured by the members towards the management.
Unfortunately, in these three years there have been no substantial changes regarding the opening of new sections. We are living in a moment where communication must be quick and incisive, where everything is history from the moment it is disclosed. Our site continues to be a showcase of media visibility, which manages to concentrate most of the information that comes from the pharmaceutical, political and trade union scene. Dazzi's excellent and tireless work also allows non-members to be constantly updated. The messages and requests we have received over the years have made us job consultants, employment offices and even funny requests for discount coupons that we can spend on commercial activities. Some newspapers have contacted me to sell us space in their monthlies.
After my polite refusal, the editor was scandalized by my refusal to spend 4,000 euros for the publication of one of our articles in such an important publication. But I believe that visibility must be the result of meritocracy and not a commodity bought with money, in fact we are the instrument and voice of our associates and our main objective is to try to interpret the communicational needs of the moment. We live in a time where even our governed talkatives only sell us communication, peppering their work with hypothetical inconclusive, prosaic and fruitless proclamations. We find ourselves at a crossroads, where we could aspire to be union representatives, where perhaps our own members would like to see us committed to defending their employment contract, eager to enforce those laws that have been written over the years but often disregarded.
I remember when Federisf took its first step in Friuli by refusing the registrations of commercial agents and it therefore appears clear how much the yardstick has now changed. In recent months I have received numerous job offers addressed to our colleagues, coming from all over the national territory. None of these provided for permanent employment. In confirmation of this data, we have famous companies that offer contracts only to commercial agents, but making claims that are inadequate for this classification. Naturally wielding the threat of termination of the contract in case of non-fulfillment of their absurd demands. We cannot be a trade union, as they have already lost their credibility by giving the image of servants of power, ready to respect the will of the first big ruddy Emilian politician on duty.
My respect goes only in the direction of the RSU, champions and last bulwark of defense of the workers, until the interests at stake become important, then in that moment even some of them give up their arms to the highest bidder, generally saving their jobs of work. I'm not a moralist and I'm not here to dispense judgments of moral rectitude, maybe I'm tired of the usual little theaters and ballets made to fill a space and time. The trade unions have failed and betrayed the role they have represented and lived in this five-year period, they have not been able to enforce the dignity of workers and have always taken to the streets assuming precise political and ideological connotations, refraining from doing so when the political opportunity indicated.
Now they have noticed us asking us to participate in a meeting on April 12th, they have always funnyly talked about us without ever inviting a single Informant. Now what could we say, recriminations are useless, the numbers of layoffs weigh like boulders. At one time we were accused that the number of ISF members were not sufficient to justify concerted actions in defense of jobs. A big lie, reshuffled and presented many times. We are in crisis as a federation, but less and less compared to the unions which have costs of millions of euros to maintain gigantic structures, such as the Roman tower blocks or the offices scattered throughout the country. The approval rating for institutions is at an all-time low.
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we have had a clear demonstration in recent years by seeing military union leaders and holding important positions in political parties. So all those nerve-wracking negotiating tables that failed certainly concealed a higher plan for individual success.
We are playing the right role in trying to get the professional dignity of the whistleblower recognized, but up to now it is no longer possible to dialogue but only to report. Our colleagues didn't believe in us, in our national directorates or provincial sections. Added to this is the pro-independence push of some Presidents who naturally failed miserably in their project by losing all their members and a further demonstration has come in recent years from the dissolution of numerous sections. Farmindustria's ability has been able to attract politicians and trade unionists through the glitter of their promises, who in all these years have opposed any project that could represent an improvement in the professional recognition of the ISF.
Illuminating the J'accuse of Falcinelli where he denounces the union of having been interested in false economic policies by valuing pseudo investment projects for industrial growth, which subsequently failed miserably, to the detriment of the jobs of the ISF. I would personally add that today the hiring of commercial agents is being encouraged by those companies which, until recently, had contractual treatment appropriate to the duties of the ISF. Now, however, they are oriented towards the exploitation of the individual towards maximum corporate profit, waving the chimera of high commission payments that will never arrive.
Our relations with ENASARCO are no better than the unions, as always children of a lesser God our payments attract interest, we who are not even provided for in the civil code, but we have a juridical position in the DL dated 30/12/92 n 541 The aforesaid provision explicitly clarifies that the ISF cannot be considered a commercial agent, having the task of presenting to the doctor the characteristics of the drug he represents, as well as other tasks that have nothing to do with marketing. They force us to register with the chamber of commerce, to have a VAT number.
The legal figure of the ISF, which is not a commercial agent, falls within the unprotected intellectual professions, as there is no related professional register. The ISF is not a commercial agent when it provides information on class A, C or H ethical drugs, but becomes one when it provides information on phytotherapeutic, nutraceutical, homeopathic and cosmoceutical drugs.
Logically, therefore, the burden of social security contributions at Enasarco would only have a supplementary, or optional, nature, so the ISF continues to be the subject obligated to make INPS payments, even if under separate management. Not being a commercial agent, therefore, he is not an obliged Enasarco subject. The Enasarco contribution is a mere faculty, which cannot be imposed, not even by the employer, remaining by law obligated only and exclusively to INPS, any commission contracts with provision of Enasarco contribution, could even be considered irregular if the ISF only carried out scientific services.
Article 9 expressly states that "The activity of scientific representatives is carried out on the basis of a single, full-time employment relationship". The reference to a subordinate employment relationship is clear.
With the Legislative Decree 24.04.2006 n.219, the content of the activity of scientific representatives is reformulated in article 122.
Paragraph 3 of the aforementioned article states that “the activity of scientific representatives is carried out on the basis of an employment relationship established with a single pharmaceutical company. By decree of the Minister of Health, on the proposal of AIFA, derogations from the provisions of the previous period may be envisaged, due to the size and characteristics of the companies."
It is clear that, although reference is always made to an employment relationship, the term "unique and full-time" characteristic of subordinate work is no longer used and a derogation from the provision of a relationship established with a single pharmaceutical company has even been introduced. This presupposes the possibility of stipulating different types of contracts and therefore the establishment of different types of employment relationships.
Jurisprudence apparently does not help us.
The informant, not being a commercial agent, is therefore not an obliged Enasarco subject. In any case, the ENASARCO contribution does not exclude the obligation to register with INPS with the relative contribution. We cannot ask Enasarco for anything, as everyone has pronounced themselves, cassation, AIFA and laws.
Our existence is even recognized in the regional regulations and in various DLs, everywhere, but until Farmindustria allows us to exist we will continue to be elegant interlocutors that no one can call by their proper name: ISF. The ISF still continues to be a greedy target to be dragged into the vortex of some industrial planning that claims to transform what it touches into gold like King Midas but every time it takes the form of Attila and destroys everything where it passes, the Attila of the 21st century is called mobbing. Whistleblower protection continues to be a topic that everyone ignores.
In recent months, one of our Sicilian colleagues passed away and after countless pressures she gave in to despair and took her own life. Bullying in pharmaceutical companies is almost a practice, which has dramatic results in the life of an individual, it can lead to the informer suffering from very serious and sometimes untreatable pathologies.
In the face of all this, I have contacted specialists that we would like to offer to all those who request it with competent advice, helping our colleagues to get out of this tunnel so as not to be and not feel alone in such complex and precarious moments in life. We want to make a concrete contribution by providing a staff of professionals: a psychiatrist Dr. Carlo Pastorelli, an occupational physician Dr. Claudio Benedetti and the lawyer. Maria Rita Famà. The expenses that users will bear will be lower than the professional tables of these professionals, thanks to a contribution from the Federation.
I thank you for your attention and I wish you all a good job, wishing the new Board successes that have been slow to emerge in recent years.
Ours is a Federation that deserves to have recognitions that up to now have been denied us.
Angelo Baruchello
