Abodi and Calderone on the Sport reform: “Protection, simplification and transparency are the keywords of the corrective measures”

The provision contains six articles, one for each corrective and will enter into force on 1 July

Protection, simplification and transparency are the keywords that identify the proposed corrective to the implementing decrees of the delegation contained in law 86/2019 with the aim of bringing regulatory improvements and innovations to the world of sport, starting with the sporting work referred to in Legislative Decree no. lgs. 36/2021, with the recognition of the due protections for those who work in its field, including fundamental protections such as those relating to maternity and illness, in a sustainable framework for the world of amateurism. The correctives were illustrated today by the co-proposals, the Minister for Sport and Youth, Andrea Abodi, and by the Minister of Labor and Social Policies, Marina Calderone. Approved in first reading by the Council of Ministers last week and which, as expected, was sent to the Chambers and Conferences, Unified and State-Regions, for the acquisition of the respective opinions and agreements to then return to the Council of Ministers for the second and final reading will enter into force on 1 July 2023.

“The provision contains six articles, one for each corrective, in particular the one on work is the most relevant. We are convinced that what we have produced reflects the needs of the system. A leap in ethical and industrial quality in sports work”, underlined the minister for sports and youth, Andrea Abodi. “If I had to define how the law will evolve, I would speak of the affirmation of the protections in the balance of the interests of the employer and the employee. The second aspect to underline is that of transparency. After that, there is also an efficiency of the system that is associated with simplification, because one of the main concerns was that of not placing further burdens on employers in structures that are fragile at a management level, but which are the main nerve of the sports system, but we also thought about sustainability, which must be sustainable”, underlined Abodi who added that “from 1 July there will be full implementation of these rules, but we will set up a platform with Coni, Cip, Sport and Health, Eps, Federations and all the actors involved, to ensure that in a short time there is the necessary literacy to meet the obligations that will be deferred over time -added the minister for sport-. Furthermore, an observatory will be set up that will study the phenomenon, because we do not have absolute certainty of the dynamics that these regulations will produce”.

For her part, the Minister of Labor and Social Policies, Marina Calderone, underlined that this corrective to the reform “required specific attention to the law and required an evaluation of how to take that set of obligations and standards and place it in a specific context. The intent was to identify a protection scheme that did not have an impact. A job that we have completed, but that has not been easy. The obligations that remain, we could not deconstruct an efficient system in the world of work, but are redefined in a context of important simplifications ”, she explained. “I particularly like the sensitivity that manifests itself for the Paralympic athletes within the corrective decree, allowing them to work while guaranteeing the maintenance of their job and the safeguarding of their salary and social security contributions: they will have 30 continuous days of leave to prepare races and events, up to a maximum of 90 days a year. And employers will be able to request reimbursement for the expenses incurred”, underlined the minister of labor and social policies.

There are several innovations, among which we highlight in particular: the simplifications of obligations in the field of sports work, with rules governing communications to the employment center and the maintenance of the single employment ledger, to be carried out also through the national register of amateur sports activities whose implementation will be regulated in full compliance with legal obligations with an interministerial decree to be issued by 1 July; this register will allow amateur sports associations and clubs to enter, via a web interface, the data of sports collaborators which will be available to all competent bodies; the register will be equipped with additional functions: the offices of the two ministries are working to ensure compliance with the deadlines set for the first fulfilments; the specific rules for the referees, for whom the employment relationship can be activated by summoning or designating the sports body; the specific rules for civil servants, with the provision of a silent assent mechanism for the release of the authorization necessary for the performance of paid sporting activity (extra working hours), while, in the case of unpaid activity, it will be sufficient a communication to the employer; greater flexibility in identifying the type of relationship to be established in amateur sports work, with the increase to 24 hours per week of the limit envisaged to maintain the presumption of self-employment.

In addition, support for the Paralympic world, with the introduction of a new discipline that allows members of the Paralympic club to participate in competitions and training with a special paid permit, therefore without requiring holidays and keeping their jobs with reimbursement of the expenses incurred by the employer; the lowering to 14 of the minimum age for apprenticeship for secondary education in both professionalism and amateurism; the intervention on the subject of Irap with the provision, for the amateur world, that lower amounts of up to 85 thousand euros do not contribute to determining the taxable base; the provision of a national Observatory on sports work, to be set up jointly with the Ministry of Labour, with the task of promoting monitoring initiatives and without new or greater burdens on public finances.

“We are talking about an audience of 495,000 units which is broken down from the point of view of potential revenue into three clusters, those under 5,000 euros on which no tax or social security impact is expected and are around 82% and where there will be no changes since there are no tax and social security impacts, and to which 150 euros of reimbursement of expenses per month can be added to reach a maximum limit of 6800 euros. Then there is the audience from 5 to 15 thousand, 16% equal to 80,300 units on which there is no tax impact, but 50% from the point of view of contributions for the first 5 years. Finally, there is the last category above 15,000 euros which reaches just under 2%. The system will need successive analyzes and approximations and it has also been thought of setting up an Observatory to monitor the phenomenon and improve the standard”, added Abodi. “As regards the mandatory telematic communications, we have already introduced a simplification, they must be made fully operational by the 30th day of the following month. Everything that happens, on the other hand, in the months of July, August and September can be communicated by 31 October, the same thing for social security obligations, which is the safeguard period “, concluded Calderone.