Below is a sample of a professional self-employment contract (articles 2229-2238 of the civil code) without subordination in company participation. Also downloadable in pdf

SELF-EMPLOYMENT CONTRACT OF A PROFESSIONAL NATURE

Articles 2229-2238 of the criminal code

TRA

The {{{COMPANY}}}

E

Mr. _________________________ born in ________ on _________ citizen __________with Passport Number _________________hereinafter referred to as

"professional"

YOU AGREE AND STIPULATE THE FOLLOWING

ART. 1 – REPORT

The parties mutually agree that it is stipulated between them, pursuant to the articles. 2229 and following cc, un contract of collaboration for self-employed work of a professional nature consisting in carrying out an extraordinary and temporary activity with the methods and terms agreed below.

In this regard, the professional collaborator declares:

• that registration in a specific register or list is not required for the profession practiced.

ART. 2 – OBJECT OF THE SERVICE

The object of the service is the following: the "professional" undertakes to carry out tasks relating to the management of the ___________ activity as ____________ and carry out the tasks conferred by Mr. ___________________________________________above of which the {{{COMPANY}}} assumes each legal liability.

ART. 3 – METHOD OF EXECUTION OF THE PROFESSIONAL SERVICE

The "professional" undertakes to carry out the service personally, without any subordination or time obligation, in full technical and organizational autonomy.

The services referred to herein contract do not determine a hierarchical subordination relationship as the provider does not carry out punctual and specific orders, but, within the general directives and general indications given to him, has full autonomy to organize his activity with the methods he deems most appropriate, in view and depending on the achievement of the results that have been commissioned to him. The above task must be carried out according to the indications and requests that will be given by the board of directors of the COMPANY; furthermore the "professional" must guarantee his presence and availability whenever necessary to ensure the realization of the activity.

ART. 4 – DURATION OF CONTRACT

The assignment will begin on ____________day and end on ___________ day;

The present Contract cannot be renewed. The {{{COMPANY}}} may extend, where it deems a justified interest, the duration of the Contract only for the purpose of completing the projects and for delays not attributable to the "professional", without prejudice to the ascertained availability of resources in the relevant budget.

ART. 5 – COMPENSATION, TAX TREATMENT AND PAYMENT METHODS

The parties agree that the compensation due for carrying out the self-employed collaboration is determined as a lump sum of __________ of the COMPANY's shares on account and a lump sum payment of EUR ______ in favor of the professional in carrying out his duties. To be paid every first working day of the month.

For the purposes of tax treatment, the aforementioned compensation falls within the self-employment income referred to in the art. 53 paragraph 1 of the TUIR and subsequent amendments and additions. The "professional" will therefore have to independently fulfill the consequent tax obligations such as the submission of the declaration and the possible payment of the balance on the deadlines and according to the methods established by current legislation.

The "professional" declares for all purposes that in determining the compensation he has evaluated any and all elements that could influence it.

The "professional" will not be entitled to any compensation at the end of this contract contract. The compensation will be paid via the coordinates officially provided by the professional.

 

Or:

COORDINATES

 

Furthermore, it is added exclusively as a one-off bonus if the "professional" brings to the {{{COMPANY}}}, through professional collaboration in the above-mentioned tasks, earnings exceeding Euro __________ within 360 days from the signing of the contract the “professional” will receive EUR ___________ on the 360th day as extra compensation / incentive in professional collaboration (this incentive is valid only once as specified).

ART. 6 – SUPERVISION AND VERIFICATION OF THE ACTIVITIES CARRIED OUT

The activity carried out by the "professional" within the scope of this assignment will be subject to supervision by Mr._________________, who will be able to prepare specific checks on this activity, to evaluate the correct performance of the assignment and the consistency of the results achieved with respect to the assigned objectives. If the results of the services provided by the "professional" do not comply with what is required on the basis of the assignment specification or are completely unsatisfactory, the {{{COMPANY}}} may request the "professional" to integrate the results within the deadline that will be agreed based on the integration needs and in any case not exceeding 30 days, i.e. it can resolve the contract for non-compliance.

If the results are only partially satisfactory, the {{{COMPANY}}} may ask the "Professional Collaborator" to integrate the results within the deadline that will be agreed based on the integration needs and in any case not exceeding 30 days, that is, on the based on the exact quantification of the activities performed, can provide for the partial liquidation of the compensation originally established.

ART. 7 – WITHDRAWAL

The {{{COMPANY}}} reserves the right to withdraw with good reason, at any time, from this contract paying the professional the compensation to be determined in proportion to the work actually performed. The intention of withdrawal by the {{{COMPANY}}} must be transmitted to the professional, with 15 days' notice, by registered letter with return receipt.

The "professional" can withdraw early, before the expiry of this contract contract, with written notice by registered mail, to be sent to the address: _________________ of at least 45 working days, otherwise the professional will have to pay a penalty of EURO 20 (twenty thousand) to the {{{COMPANY}}}.

In this case the compensation to be paid will be determined in proportion to the work actually performed.

ART. 8 – OWNERSHIP, CONFIDENTIALITY OF RESULTS

The work carried out and the results thereof are exclusive property of society. Therefore the "professional" cannot make use of said work for other purposes nor bring it to the attention of other bodies or people or disclose it through publications unless with the express prior written authorization of the {{{COMPANY}}} and in any case indicating that said work has been carried out on behalf of the {{{COMPANY}}}.

All data and information of a technical-administrative or scientific or confidential or professional nature that the "professional" will come into possession of in carrying out the professional task in question must be considered confidential; with a penalty to be paid by the professional in the event of his violation of confidentiality (even partial) of 100.000 Euros (one hundred thousand euros) in favor of the {{{COMPANY}}}.

ART. 9 – RESPONSIBILITY AND SAFETY PROVISIONS

The "professional" assumes the responsibility of taking out, at his own expense, a specific insurance policy against accidents that he may suffer while carrying out the task; the same releases the {{{COMPANY}}} from any liability for damage to people and/or things that may arise from the performance of the assignment. Furthermore, if the "professional" is located in the facilities of the {{{COMPANY}}} to carry out the task, he will have to comply with the accident prevention and safety and hygiene regulations at work, pursuant to Legislative Decree 81/08 , adopted by the {{{COMPANY}}} in the workplace, as well as other prevention measures required by law.

ART. 10 – REFERRAL RULES

For anything not expressly regulated herein contract the articles apply. 2229 et seq. of the Civil Code. In case of default the provisions relating to apply termination of the contract contained in book IV, title II, chapter XIV of Civil Code.

ART. 11 – REGISTRATION FEES

The present contract is subject to registration in case of use, pursuant to art. 5 paragraph 2 of the Presidential Decree of 26 April 1986 n. 131. Registration costs and charges are the responsibility of the Professional.

ART. 12 – PROTECTION OF PERSONAL DATA

Pursuant to Legislative Decree 196/03, the client informs the professional that his personal data, in addition to being processed by the {{{COMPANY}}}, will also be communicated to third parties, meaning all those bodies, institutions, companies that are instrumental to the client's activity and its perpetuation or that are entitled, by laws and/or regulations, to the necessary knowledge and/or management of the same. By signing this document contract, the professional declares to have been informed of the above, declaring himself aware that the data controller is, on the date of signing this document, {{{COMPANY}}}.

Read Confirmed and signed

 

The professionist

The President {{{COMPANY}}}

ART. 13 – COMPETENT COURT

For any disputes the "professional" declares to accept the jurisdiction of the Court of ________ in

Italy.

Read Confirmed and signed

 

The professionist

The President {{{COMPANY}}}

 

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