Compensationà maternityà, the freelancers registered in any of the various retirement funds (of notaries, lawyers, solicitors, pharmacists, vets, doctors, surveyors, accountants, engineers and architects, accountants, labour consultants, as well asé the various speakers who were born after the law n. 335/95 to the legislative decree no. 151 of 26 march 2001) acquired, in virtù of the provisions of the law of 11 December 1990, no. 379, the right to compensation has been establishedà maternityà for the corresponding period of the two months preceding childbirth and for three months thereafter.
The TU is in charge of freelancers by transposing, by mere formal changes, as contained in law no. 379/1990.
The Chapter XII of the YOU, in fact, is entirely dedicated to these workers: with four articles, 70, 71, 72, and 73, it is stated, the framework of rights and obligations for the codes.
The extent of the compensationà è equal to 80% of 5/12 of the income perceived and reported from professional second year preceding the year of childbirth. The monthly amount of the treatment in every case non può be less than 5 mensilità pay calculated at the rate equal to 80 of the minimum wage of daily employees of the business.
In this regard should be forò reported with two amendments to article 70 of the above YOU, to the effect of the law no. 289 October 15, 2003.
The first concerns the concept of income referred to, being now limited to the «only the professional income you received and reported for tax purposes as income from self-employment» (excluding other income), and the period in which such income is detected: this is the second year previous to the event, and not più the question.
The second change is that the amount of the compensationà può be greater than 5 times the minimum amount già fixed by the law itself.
case abortion it is the responsibility of the compensationà in the measure of a mensilità if the abortion takes place between the 3° and 6° in the same month, and in full measure, for 5 months, if the termination of pregnancy occurs after the 6° month. In the case of adoption or entrustment it is the responsibility of the compensationà for three months starting from the date of entry of the child into the family on condition that the same has not exceeded 6 years of età.
The limit of età, however è was declared illegal by judgment no. 371/2003 of the Constitutional Court, to which, even in the case of the adoption of the international compensationà also competes over the limit of six years, the purché within the major età. the
the OBLIGATIONS OF the WORKER
The performance è delivered by cash membership presentation of the question can be forwarded to the già from the 6° month of pregnancy and not beyond the deadline of 180 days from the birth of the child.
demand, on unstamped paper, must be accompanied by a medical certificate showing the date of the beginning of the pregnancy and the presumed birth as well asé from the declaration, pursuant to d.p.r. 28 December 2000, no. 445, certifying the non-existence of the right to compensation has been establishedà as a worker, employee or self-employed
adoption the application must be submitted to the competent cash assistance and social security of the worker within the peremptory time limit of 180 days from the date of entry of the child in the family and accompanied by statements attesting, under d.p.r. 28 December 2000, no. 445, the non-existence of the right to compensation has been establishedà maternityà in any other title. Be accompanied, also, by an authentic copy of the adoption order or custody.
Also for these cases the financial for the year 2000, the law of 23 December, no. 488, provided for a reduction of social security contributions from 1° July, but the measure of the new contributions will haveà be established by action of the boards of directors of the individual cases.
The category of the professional women is not è then was in no way involved in the novità introduced by the law on parental leave, becauseé it is rules for labor relations employee and, in exceptional cases, even if only for a short period of parental leave, female self-employed workers referred to in law no. 546/87. Objectively do not understand this exclusion, given the substantial equivalence between the two categories of subjects.
The Constitutional Court, with judgment no. 3, 26-29 January 1998, had già established the right of freelancers to get the delivery of the compensationà maternityà, for the two months preceding the presumed date of childbirth and for three months, without imposing as a condition for the actual abstention from work.
The Court was appealed in the Case of notaries, which called for the illegittimità the constitution of article 1 of law no. 397/90 in the part in which allows the delivery of the compensationà without forcing the worker to abstain from work.
The appeal of the appellant was based on the criterion according to which, in the interest of the health of the baby and the mother-to-be, it was necessary to apply to professional registered with the bank, the prohibition from work during the period of perception of the compensationà maternityà, così as imposed on the generalità of women workers.
The Court has not ruled on the question of the legalityà stating that: «the norm contested, while interpreted in the sense that the judge rimettente appears spoiled incostituzionalità, not determining objective obstacles to the development of the maternal role, not collides with the precept of article 32 of the Constitution.
The constitutional protection of the right to health of the woman and the child, in fact, is not; once from the existence of a norm for a particular category of workers establishes a protection altogether adapted to the peculiar characteristics of the category itself».