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The 2020/21 school year begins today Tuesday, September 1. We talk about the taking of service for newly hired employees, the obligations, the possibility of requesting the postponement of the signing of the contract and the discipline of incompatibility of the public employment relationship.
General concepts related to the point of service, legislation
From the DPR n. 3/1957:
“The appointment of the employee (teacher) who for just cause joins the service late within the predetermined period begins, for financial purposes, from the day he joins the service.”
An example could be the situation where a teacher due to a time delay or a transportation strike is unable to report to the school headquarters on 09/01/2020. Or just be sick. The legal effective date remains September 1, while the economic one remains the day it enters service.
“The person who has obtained the appointment, if he does not join the service without just cause within the established term, renounces the appointment”
If the teacher, without justifying himself, does not show up within the deadline set at the school to sign the service, he cancels the appointment; including all teachers who have accepted the appointment but then fail to physically present themselves.
Signature of the employment contract
From TU 297/1994:
“The personnel who accepted the appointment with the transfer of the position, will resign from the previous public and non-permanent positions, with effect from the date established for the hiring of the service”
From the DPR n. 3/1957:
“The employee may not exercise the trade, industry or any profession or assume a private job or accept positions in companies incorporated for profit, except positions in companies or entities for which the appointment is reserved to the State and for this it has been granted the authorization of the competent Minister “
At the time of signing the contract with the school, they must therefore be free from previous employment relationships, a situation that, among other things, the teacher must certify in an ad hoc statement that must be signed at the time of taking possession of the service. ..
In fact, it is with the acquisition of the status of public employee, and therefore with the signing of the contract, that the coercion of exclusivity arises to protect the good performance of the Administration (Article 98 of the Constitution). At this time, there should be no impediment to the signing of the employment contract and, among these, the existence of previous employment relationships, whether public or private.
In the case of the professor who will join the service for another competition class with a contract again in IT, you will automatically lose your “old” role and will assume an effective legal and economic service in the new one.
The hypothesis of breach of service
In the event that the hypothesis of lack of incorporation to the service occurs as of September 1, 2020, the School Directors formally advise the teacher, through PEC or registered letter with acknowledgment of receipt, to join the service within a short period of time (for example, three days) at the school chosen by him or to which he was assigned ex officio, with the clarification that in case of non-compliance with the warning, the employment relationship will be terminated.
Postponement of taking services
Any person who has an impediment to join the service at the time indicated by the Administration may promptly submit a specific request addressed to the Regional School Directorate describing the reasons why it is necessary to postpone the service (for example, those who need it to notify to previous employer in case of voluntary resignation). The Regional School Office has the task of evaluating the acceptance of the application, taking into account the expressed needs, the time required and the time in which the recruitment proposal was made, in order to safeguard the expressed needs.
Teachers, started on September 1. Who is obliged, when can it be postponed
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