Freelance Work Commission: The Document Presented at the 26th Fnsi Congress

 

The FNSI Self-Employed Workers Commission believes that freedom and quality of information—and, along with them, the issues faced by freelance journalists and respect for their rights, too often ignored in the labor market—must be priorities and urgent matters for the Union’s action.

Today, in fact, more than half of active Italian journalists—24,000 compared to 20,000 with permanent contracts—do not have a permanent contract and earn, on average, not even 10,000 euros gross per year, the majority of whom make less than 5,000. These are colleagues working for newspapers, radio, TV, agencies, press offices, and websites, ensuring citizens’ fundamental right to information. But too often they have few or no rights, are underpaid, and forced into a life of constant precariousness, both professionally and personally.

Today in Italy, being a freelance journalist is almost never a free choice and is often a necessity, due to market conditions that rarely offer the possibility of being hired or prospects for stability, sometimes even pushing people—reluctantly—into opening a VAT number.

Many freelancers are not necessarily looking for a permanent position, but all ask that they, too, are guaranteed the possibility to live decently from their work—a condition much more common among freelancers in other fields and Orders. But too often, the term “freelance” in Italy is merely an elegant euphemism to describe an underpaid worker without rights, what is commonly referred to as “precarious” in other sectors—especially intellectual work.

Today we must bring the issues of freedom and quality of information back to the forefront. This means restoring value and dignity to journalistic work, starting with that of freelancers and precarious workers. Focus must be placed on merit, independence of conscience and judgment, competencies, and skills, which have a cost and must be backed by certain rights and clear prospects—whether working inside or outside newsrooms.

In recent months, the desire of publishers to cut costs, increase profits, and the economic crisis have brought the situation of precarious work to unsustainable levels. After years without protections or future assurances—often under the illusion of a permanent job (which, for the majority, in an increasingly flexible market, will never come)—freelancers are now witnessing a rapid reduction in their assignments and fees, almost always already below the minimum levels of decency and acceptability.

This is a situation that does not allow one to be independent, to start a family, to have control over one’s life. It often leads freelancers to take on other jobs, to cut production costs by any means necessary—sometimes at the expense of service quality—and to avoid writing about inconvenient topics so as not to risk lawsuits for the few euros they will be paid.

The reduction in collaborations and the downsizing of newsroom staff lead to the gradual shrinking of news space and push towards the unmediated publication of press releases received daily by newsrooms from institutions, politicians, and private individuals.

The very professionalism of the category is at risk: it’s not uncommon for contributors to work as press officers while simultaneously writing articles on the activities of the very same entities for which they work, just to piece together a salary.

Moreover, the urgency of taking action to combat the scourge of increasingly entrenched precariousness in journalism is clear even to those responsible for the professional organizations: for months now, Inpgi has been engaged in a convoluted process of supporting co.co.co. workers aimed at stabilizing “false self-employed”; the National Council of the Order has just set up a working group on the conditions of self-employed colleagues; and Casagit is preparing to change the requirements for access to its services in order to extend benefits to those with atypical contracts.

There is also a problem that now concerns the future of the entire journalism profession: growing job insecurity and the decrease in newsroom hires are leading to a drop in contributions paid to Inpgi and members enrolled in Casagit—structures that may, in a future not too distant, no longer be able to guarantee their members current services.

For all these reasons, the issue of precarious journalism affects not only precarious workers and freelancers, but the entire journalism profession, the information system as a whole, and the society we live in.

We are aware that this is a complex issue, involving various interests, rights, and opinions, as well as resistance and vested interests, and that the path to improving the situation will be neither easy nor brief, but for all the reasons described so far,we are convinced that the Union’s efforts in the coming years must be especially focused on the rising emergencies of precarious and freelance work.

The first important steps have already been taken: in recent months the FNSI has established national bodies made up of freelancers, tasked with dealing with these issues, such as the Regional and National Commissions for Self-Employment and the National Assembly of self-employed workers. In some regions, often with the support of the union, grassroots networks have emerged to “connect” precarious workers and freelancers, highlight their needs, and address some of the most concrete problems.

These are tools with great potential, which now need to be developed and supported with appropriate actions and resources to achieve the results that the urgency of precariousness issues demands.

We believe that, on this front, the Union’s work should proceed along two main lines:

The first must aim to absorb as many colleagues as possible into permanent contracts, including through stabilization pathways.

However, since realistically this prospect will concern only a minority of precarious workers, a further strong effort is needed to set rules ensuring minimum working conditions for freelancers.

To protect self-employment, and the very quality of information—as well as for the sustainability of the entire Italian journalism system—we believe it is necessary for the FNSI, involving other professional organizations as well, to commit to:

– Encouraging, in every forum, the awareness that, in today’s job market, precarious work paid poorly is no longer (as it might have been 15–20 years ago) a kind of “trial period” while waiting for a secure, protected contractual job, but a work condition that is almost always permanent, and as such unacceptable and humanly unsustainable. And that a profession which will increasingly rely on self-employed work must profoundly change its cultural conceptions, rules, and protection mechanisms—both to guarantee work for freelancers and precarious workers, and for the stability of the system and the quality of information itself.

– Reaching, through collective agreements and legislative measures, the definition of decent minimum wages, contractual rates, and greater protections for freelance work.

– Assert in every forum the concept—which is ignored in Italy by employers but shared in other countries—that self-employed work, precisely because it bears the costs and risks of production and lacks certainty and many protections, must cost more than employed work. Yet today in Italy this concept is reversed: freelancers are paid much less than employees. This situation encourages the use of precarious and low-cost labor and increases the economic and psychological vulnerability of freelancers and precarious workers.

– Request discussion tables, and, if necessary, open disputes, with publishers and employers to ensure compliance with the collective contractual rules already in place, but which are too often ignored, including in terms of pay (see attachment, points 1 and 4)

– Promote negotiation tables with publishers, and also with the Regions, to introduce minimum wages (see attachment, point 3) and forms of financial support for freelancers (social safety nets, etc.).

– Open discussion tables with employers, with the support of Cdr and contracted colleagues, to ensure respect for the dignity and professionalism of freelance work.

– Promote a “Labor Market Observatory”, with particular but not exclusive reference to regional and smaller newspapers, press offices and online information channels, sectors where many freelancers are employed, but often outside the protection provided by collective agreements.

– An urgent intervention by the Union is needed in the web jungle, in order to give equal dignity to all types of “journalism.” In this context, where journalists are also required to produce multimedia content (photos, videos, audio, infographics, animations…), fees are particularly negligible, even less than 1 euro per piece. Publishing companies apply much lower rates for the web compared to print, and also launch informational websites that do not have editorial characteristics. In this area, moreover, every form of overlap between advertising and information is exercised more freely, sheltered from controls and therefore from sanctions. It is therefore necessary to start research in the sector in order to identify the counterparts with whom to negotiate fees, protections, and guarantees for freelancers. It is also necessary to report anomalies, unethical behavior and illegal practices.

– Promote tables for dialogue and possible coordination with those at the Italian and European level (Institutions, associations, and social forces) who intend to develop legislative, contractual, and welfare actions to protect those in precarious and self-employed work, also in coordination with other categories facing similar issues (see att. A, point 2).

 – Intensify the fight against the unauthorized practice of the profession, both against those (especially online) who carry out information-editorial activities disguised as non-journalistic work, and against those who practice the profession without being registered with the Order, and without respecting its professional rules.

– Develop careful monitoring and report to the competent authorities and professional bodies (Order and INPGI) every form of unpaid or irregular work, which is too often requested and publicized, whether it is disguised as a training internship or an introduction to the profession, or takes the form of dubious “citizen journalism”—in reality, free informative contributions to fully regulated publishing companies.

– Develop a network of agreements, services and technical assistance for the specific issues of self-employment: insurance policies for professional risks, legal protection, discounts on services and tools for professional activities (telephone, internet, IT, subscriptions, transport, and more), assistance for contributions to professional activities and cooperative operations, etc. It would also be desirable to establish an obligation for the client to cover potential civil liability damages in cases of continuous collaboration.

– Guarantee, also with contributions to be requested from publishers and institutions, qualified training and refresher courses, also aimed at the most modern needs of the profession, with reference to IT, multimedia, and online work (with reference to art. 4 CNLG: “Fieg and Fnsi will organize professional training courses for journalists who are unemployed or do not have an employment contract”).

– Promote collaboration with the Journalists’ Association, supporting the need for rigorous measures to enforce professional ethics, for the regular review of the Registers by removing those who no longer practice or who have failed to fulfill their associative obligations, and to shorten the bureaucratic procedures for payment injunctions (opinion on the fee schedule). It is also necessary to consider the possibility of a revision of the criteria for recognizing freelance internships, adapting them to current market wages.

– Open a dialogue with INPGI to consider new forms of solidarity for self-employed workers, aimed at greater accessibility and more welfare services for freelancers (such as, for example, income support during periods of unemployment, personal support and support for business start-ups, easier access to renting residential or office spaces from the Entity’s real estate assets).

– Encourage a review of freelancers’ contribution deadlines, allowing contributions to be paid in more installments or making it easier to access loans and/or other forms of aid, and aim for simplification to make interaction between Inpgi and members more effective, at least during income reporting, also to combat contribution evasion.

– Open dialogue with Casagit on healthcare assistance that is more accessible to freelancers, taking into account their limited financial resources.

Finally, regarding the Commission and the National Assembly for Self-Employment, tasked with actively collaborating, including in a proactive capacity, with the Secretariat and the Board of the FNSI on these issues, it is deemed essential that:

– The Commission and the National Assembly for Self-Employment be regarded, albeit within the limits of their respective competencies, as centers of aggregation and national coordination for freelance demands, as hubs for ideas, debate, and action, in harmony with the bodies of the FNSI, the regional Assostampa, and the Regional Commissions for Self-Employment.

– That, for these purposes, the Commission and National Assembly as well as the Regional Commissions be supported also with the economic resources necessary to operate continuously and effectively. These resources should be quantified and budgeted for both by the FNSI and the regional press associations. A potential collaboration pathway can also be envisaged with other professional category bodies for the support and funding of joint projects.

– That they be equipped with technical and operational tools, including web-based ones, for the remote discussion and development of ideas and projects (such as online discussion groups with access limited to their members), and with a national web space (website, blog or Facebook), open to everyone and dedicated to freelance and precarious workers and their issues within the information system.

– That by spring-early summer 2011, a dedicated section be opened on the FNSI website, with all basic information useful for the activities of freelance and precarious workers, in terms of legislation, contracts, tax and social security guides, as well as basic models of contracts and receipts. There is in fact a need for a technically reliable and freely accessible “vademecum” for freelancers and sector workers, without delegating this essential technical support solely to Assostampa.

– That by summer-autumn 2011, a national and permanent census of non-permanently contracted journalists and their working conditions be launched. This census, which can be implemented via the web, should be carried out by the FNSI with the collaboration of the National Assembly and Regional Councils for self-employment, the Cdr, and other bodies of the sector. The aim would be twofold: to create a proper database, essential for any mobilization and communication initiative by the union, and to conduct a comprehensive quantitative and qualitative survey of the working conditions of freelance and precarious journalists in Italy, to be used as a basis for negotiations, collective bargaining, or possible disputes with counterparts. If necessary, this strategic general census action can be carried out with the help of specialized professional agencies.

– That a close relationship be fostered between the national Commission and Assembly and regional Commissions with the Cdr, by studying forms of participation and representation of external collaborators within company union representatives (see attachment on freelancers in the Cdr). Given the size the freelance category has assumed in the editorial production economy of newspapers, periodicals, and online, we propose to assess the feasibility of having a freelance representative within the Editorial Committees of all publications.

– In publishing realities where there is no company union representation (particularly in smaller publishing and online), the protection of external contributors should be entrusted to the Regional Self-Employment Commission, in support of those responsible at the regional Assostampa.

We finally consider it essential that the FNSI increasingly shows its awareness of the absolute urgency of the issues of job insecurity and the current lack of minimal acceptable working conditions for freelancers, by being close in every manner to “non-guaranteed” colleagues. Only in this way will the FNSI and its territorial branches of Assostampa also be perceived by freelancers as “the union of all journalists,” and not just those under contract in newsrooms.

The present and the future of the Union lie in its ability to provide responses, services, and protections for the quality and independence of information, in which the issues of job insecurity and self-employment are increasingly a crisis element and a strategic dividing line.

In this direction, and with these objectives in mind, we all feel committed.

 Text approved by the Commission for Self-Employment of the FNSI (Milan, January 7, 2011)

 

ATTACHMENT: 

From the current contract to the next
Proposal for intervention ahead of contract renewals: regulatory references

1. Payment terms

Enforce the National Collective Agreement on the regulation of self-employment (included in the national journalistic labor contract April 1, 2009 – March 31, 2013): «payments within the month following publication»: to ensure compliance with the current regulations, a negotiation table with publishers should be set up as soon as possible..

2. New welfare for the less protected

Establish a negotiation table with publishers and the government, as provided for in the national contract at Annex 0, part 3, titled “Joint initiatives with the Government”: «The parties (Fieg and Fnsi ed.) will prepare the requests to be jointly submitted to the Ministry of Labor aimed at: .. g) providing for the definition of specific social safety nets for journalists with self-employment contracts».

 

3. Minimum fees

Reinstate minimum rates (abolished by the Bersani decree) in the absence of which freelance workers are subject to a demeaning race to the bottom, following the model set by the reform bill for the legal profession (already approved by the Senate) which, in art. 12, specifically provides for the reintroduction of minimum tariffs.

In fact, the Court of Cassation, with ruling 20269 filed on September 27, 2010, has acknowledged that all the requirements for the legitimacy of these minimum rates exist in relation to European Union law.

Article 12 of the legal profession reform also provides that the professional fee must be agreed upon in advance between the parties, respecting the free determination principle of art. 2233 of the Civil Code, with the obligation to respect the minimums, under penalty of nullity of the agreement.

It would be desirable for the journalist rate schedule – who, moreover, do not have a client as a contractor but the publisher – to be included in the next contract so that it has erga omnes value. To give greater weight to the rate schedule,it is appropriate for a joint proposal for intervention to be put forward to the Legislator in agreement with the Order (which is already holding hearings in Parliament on the topic), ideally by including it within the context of the reform of law no. 69/63.

4. Improvement of the regulations concerning external contributors

Reiterate in the sections of the National Collective Agreement on the regulation of self-employment which set rules for coordinated and continuous collaboration the prohibition of exclusivity, or provide for financial compensation in case such a request is made by the publisher.

Introduce the ban on piecework payment and the prohibition of hold harmless clauses (criminal liability borne exclusively by the contributor).

These are particularly urgent actions – which may need to be provided for through additional protocols to the contract – given the growing spread of such practices even among major publishing companies.

 

ANNEX:

PROPOSAL FOR A FREELANCER REPRESENTATIVE IN THE EDITORIAL COMMITTEES (CDR)

In light of the size the freelancer category has reached within the editorial production economy of newspapers and periodicals, both in print and online, the National Commission for Self-Employed Work proposes to consider a pathway for introducing a representative of external contributors into the Editorial Committees (CDR) of all publications.

Initially, this could involve, at least at first, adding a member elected by the editorial staff, thus a contracted colleague. In the first phase, of course, this person would not have voting rights, since, according to what is laid out by the CNLG, the CDR members are elected by the editorial staff, understood as regular employees.

The long-term goal, however, is the direct election of the freelance representative by the external contributors to the publication (or company), so that he or she becomes an integral part of the CDR, fully recognized by the publisher. In the future, the freelance representative could thus be chosen by the external contributors through the submission of a candidate list.

In any case, and starting immediately, the task of the colleague elected to the CDR who will deal with freelancers will be to ensure that the basic rights of those who are not employed but who nevertheless contribute regularly to the editorial process and the production of editorial content are respected. Furthermore, the freelance representative in the CDR could check—by participating in assemblies or regular Editorial Committee meetings—that payments to colleagues are made within the agreed and established times, that there is no abuse or situations of work loads indicating a lack of autonomy in the service but, rather, subordination and classification as a contractual relationship under article 1. Should such situations arise, it would be grounds for requesting a contract stabilization action.

The presence of a freelance representative in the CDR would be a guarantee for all colleagues and serve as a point of reference to reduce, over time, the distance between the editorial staff and “external” colleagues. The involvement of our representative in the internal union activities of the publication would help bring the editorial team closer to freelancer issues, and assist in identifying and verifying unfair or illegal situations from both an ethical and contractual standpoint.

A first test at the Verona newspaper ‘L’Arena’, Athesis group

There is already a precedent, even if it is not yet the final goal the Commission aims for, and that is the case of the Verona newspaper L’Arena, whose CDR includes a member representing external contributors as the provincial trustee of the Assostampa Veronese. The company also accepts at the negotiating table two representatives elected by the contributors themselves.

The possibility of extending the Veneto experiment to all national publications—at least as a first step, before involving external contributors directly in the CDR (an option which would require an amendment to the National Contract)—means finally giving visibility to a very significant part of the information production system, whether referred to as freelancers or contributors.

Specifically, it means bringing to light people, resources, and energies that are currently underpaid, exploited, and lacking any legal protection, with minimal social security and virtually no insurance coverage. Bringing this enormous workforce out of the shadows lays the groundwork for legislative and contractual change.

The Powers of the Contributor Trustee

– Advisory: regarding disputes originating from collaborators

– Coordination and collection: of requests from collaborators and acting as liaison with the editorial staff and management

– Oversight: to ensure compliance with the economic agreements established between the publication and the contributor

– Respect for payment timelines

– Monitoring: application of the code of ethics, also coordinating with contributor colleagues who have joined the Regional and National Councils of the Order of Journalists

– Addressing instances of mobbing or abuse towards contributors

– Checking: compliance with working hours and workloads imposed on contributor colleagues. These aspects must be clear, unequivocal, and not left ambiguous.