Il TAR del Lazio dà ragione al ricorso di ANMIL e Patronato ANMIL contro il Min. del Lavoro

Roma, 24 novembre 2020 – “Abbiamo appreso con soddisfazione la decisione del TAR Lazio che, con la sentenza n. 12001/2020, ha accolto il nostro ricorso verso il Ministero del Lavoro, vertente sull’inadempienza dell’Amministrazione nel procedere al riparto finale del Fondo Patronati per l’anno 2017, riconoscendo al nostro Patronato almeno una parte del corrispettivo delle attività svolte con impegno e professionalità in favore dei cittadini, come già fatto nei confronti di altri Patronati” – dichiara il Presidente dell’ANMIL Zoello Forni – ma ovviamente ci aspettavamo che non sarebbe finita qui, perché il Ministero del Lavoro ha già dato incarico all’avvocatura di fare ricorso al Consiglio di Stato”.
Peraltro, nel proporre appello al Consiglio di Stato, il Ministero conferma di non avere adempiuto ai doveri di Legge e, nella sua inerzia e passività, anziché trovare almeno una soluzione tampone che riporti tutti i Patronati a una situazione di maggiore equità, continua a erogare acconti applicando ad alcuni Patronati percentuali addirittura superiori a quelle risultanti nel prospetto con l’attività dichiarata dai singoli Patronati (prospetto elaborato e diffuso dallo stesso Ministero).
“La questione, purtroppo, resta davvero grave perché sebbene la normativa preveda che, alla fine di ogni anno, il Ministero del Lavoro proceda all’erogazione di acconti e/o saldi rimasti ancora in sospeso relativi alle annualità pregresse a fronte della rendicontata attività svolta dai Patronati  per quanto ci riguarda l’ultimo saldo erogatoci risale addirittura al 2013 – commenta il Presidente del Patronato ANMIL Vito Antonio Lorusso – dunque, a parte il 2014 (anno per il quale solo nel 2018 è stato erogato un “anticipo”), il nostro Patronato ha finora ricevuto un acconto per gli anni 2015-2018 inferiore ai 4.700.000 euro, pari al 27,9% del valore delle nostre attività dichiarata per tali annualità”.
“Non è banale aggiungere che il Patronato ANMIL nato nel 2011, avesse nel 2013 una struttura certamente non paragonabile a quella che con fatica, impegno e soprattutto orgoglio, ha raggiunto oggi – spiega Lorusso – e se la nostra crescita non è stata quella concretamente auspicabile in base ai risultati e al raggiungimento degli obiettivi di anno in anno prefissati per numero di pratiche svolte, dobbiamo solo imputarlo all’impossibilità di sostenere ulteriori costi senza poter pareggiare le spese di avviamento attività e accollandoci il pagamento del personale appositamente assunto”.
“A pochi giorni dalla sentenza del Tar del Lazio – sottolinea il Presidente Lorusso – purtroppo, da notizie informali, abbiamo appreso che l’unica erogazione prevista entro la fine dell’anno sarà un secondo acconto sull’attività 2019: spiccioli, se si considera che con i soli saldi maturati fino al 2017 il Patronato ANMIL attende un incasso di oltre 9 milioni di euro!”.
Sui motivi per i quali non si possano erogare i saldi circolano diverse voci: da una parte sembra che il MEF non eroghi i fondi necessari, dall’altra pare che comunque il Ministero del lavoro non sarebbe in grado di ripartire le somme perché non si possono chiudere le annualità pregresse a causa di non meglio identificati ricorsi da parte di alcuni Patronati; da un’altra ancora, infine, si dice che i fondi non potrebbero comunque essere ripartiti perché le attività ispettive non sono ancora concluse.
“Noi riteniamo indispensabile che, di qualunque natura siano i motivi ostativi – aggiunge il Presidente del Patronato ANMIL –si trovi almeno una soluzione provvisoria che porti subito tutti i Patronati a una situazione di equità negli acconti erogati: le attività ispettive, anche se non ultimate, sono comunque in fase avanzatissima e non è certo un problema, per gli Uffici del Ministero, attribuire la corretta valutazione a ogni Patronato e calcolare un ‘anticipo sul saldo’ (come fatto per l’annualità 2014) tale da consentire un’erogazione almeno pari al 90% del saldo stesso”.
Non è certo una notizia segreta che molti Patronati hanno già avuto acconti pari o superiori al 90%, alcuni addirittura superiori al 100%, e il continuo differimento del saldo, e dei relativi conguagli, non fa che aggravare la disparità di trattamento. Si tratterebbe, peraltro, di un’azione di giustizia che non creerebbe particolari problemi per le casse dello Stato, trattandosi complessivamente di alcune decine di milioni, con somme già stanziate per ciascun anno di competenza.
“Il pagamento dei rimborsi spettanti al nostro Patronato sono risorse fondamentali per consentirci la gestione ordinaria ed il puntuale pagamento delle retribuzioni ai circa 300 dipendenti, per evitare che a breve molte famiglie siano private della garanzia di uno stipendio fisso – conclude il Presidente Lorusso – e si tratta, nel contempo, di garantire continuità a servizi essenziali mai stati più necessari che in questo momento particolare nel corso del quale, peraltro, è doveroso rappresentare che i nostri dipendenti sono sempre stati in prima linea, esposti al contagio in quanto a contatto con il pubblico, assicurando una risposta concreta a tutti i cittadini, con un lavoro di alto valore sociale che non può essere disconosciuto proprio dal Governo e dalle Istituzioni dello Stato”.
“Continueremo la nostra battaglia contro le disparità e scriveremo al Presidente della Repubblica affinché ci sia per tutti un eguale trattamento, pronti a continuare a fare sacrifici a causa di questa pandemia ma solo se nella stessa barca veniamo trattati tutti allo stesso modo”.

Per approfondire la sentenza, clicca qui

Resp. Ufficio Stampa
Marinella de Maffutiis – 06.54196205/334 – 329.0582315

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