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Teachers who accept a hiring proposal must comply with the rules imposed by the law on public administration employees, which establishes that the latter cannot perform or occupy jobs in the private sector without the authorization of the administration to which they belong. (Relative incompatibility Art. 53, paragraph 7 of Legislative Decree 165/2001 (“Consolidated Law of Public Employment”) which says precisely:
“The Public Administrations may not assign to employees tasks outside the functions or functions of the position that are not expressly provided for or regulated by law or other regulatory sources or that are not expressly authorized”
What does the Consolidated Law on educational legislation say?
Both in schools and in public employment, the principle of exclusivity is in force and the reference standard is the Legislative Decree of April 16, 1994, n. 297, 94 (“Consolidated text of legislative provisions on education”). The art. 508 of the Consolidated Law establishes the following points:
Incompatibility
1. The teaching staff cannot tutor students in their own school.
2. Teachers, when taking private classes, are obliged to inform the didactic director or the director, who must also communicate the name of the students and their origin.
3. When the operational needs of the school so require, the didactic director or the director may prohibit the taking of private lessons or prohibit their continuation, after consulting the club or the school council.
4. Against the disposition of the didactic director or the director, recourse to the education supervisor is allowed, who decides definitively, after hearing the opinion of the provincial school council.
5. No student can be judged by the teacher from whom he received private lessons; Ballots or examinations conducted in contravention of this prohibition are void.
6. Inspection and administration personnel are prohibited from giving private lessons.
7. The position of teacher, didactic director, dean, technical inspector and any other category of personnel contemplated in this title cannot be combined with any other public employment relationship.
8. The aforementioned personnel who assume other public employment are obliged to immediately notify the administration.
9. The hiring of the new job implies the termination by right of the previous one, without prejudice to the granting of the corresponding retirement benefits in accordance with the current provisions.
10. The personnel referred to in this title will not be able to carry out commercial, industrial and professional activities, nor will they be able to assume or maintain jobs for others or accept positions in companies established for profit, except positions in companies or entities. for which the appointment is reserved to the State and the authorization of the Ministry of Public Education has intervened.
11. The prohibition referred to in paragraph 10 does not apply in cases of cooperative enterprises.
12. Personnel who violate the prohibitions established in section 10 are warned by the general director or head of the competent central service or by the education supervisor to stop the incompatibility situation.
13. Compliance with the warning does not preclude disciplinary action.
14. After fifteen days from the warning without the incompatibility having ceased, the confiscation is ordered by order of the general manager or head of the competent central service, after consulting the National Education Council, for the personnel belonging to national functions; with the provision of the educational supervisor, after consulting the provincial school council, for the teaching staff of the nursery, primary and secondary schools and, after consulting the National Council of public education, for the teachers of the institutes and upper secondary schools .
15. Teachers are allowed, with prior authorization from the didactic director or the rector, to exercise free professions that do not impair the performance of all activities related to the teaching function and are compatible with the teaching and teaching schedule. Service.
16. Appeal to the educational supervisor against the denial of authorization is allowed, who decides definitively.
Activities for which authorization is not required
The activities that can be carried out without any authorization are the following:
1. collaboration with newspapers, magazines, encyclopedias, etc.
2. Economic exploitation by the author or inventor of intellectual works and industrial inventions.
3. participation in conferences and seminars
4. allocations for which simple reimbursement of documented expenses is envisaged
5. assignments for which the employee is on leave, on business or out of the office
6. Union-assigned allowances to employees attached to them or on unpaid leave
7 training activities aimed at public employees or teaching and scientific research
8. Participation in family agricultural businesses when it is an activity that is not especially significant and does not have a continuity character.
9. activities of the condominium administrator (with exclusive reference to the condominium in which you live)
10. appointments with tax commissions
11. assignments as auditor.
Apply for part time and get out
The aforementioned Consolidated Law highlights that in order to be hired indefinitely at school, one must be unemployed: any existing employment relationship must end (the interested party must be fired), except in the case of requesting part-time at school. In addition, at the time of signing the contract, a one-year license can be requested both for family / personal reasons and for study reasons, but not in accordance with article 18 c. 3 of CCNL 2007, or “keep another job.”
One way to keep both public and private work is to sign a part-time contract as required by law 183/2010. In fact, part-time employees are not required to request prior authorization to perform other duties, including the liberal professions.
However, even in the case of part-time, the director must further monitor the activity carried out to verify that:
a) This activity does not involve a conflict of interest with the specific service activity of the employee, impairing the impartial exercise of the functions attributed to the employee;
b) the interested party has communicated in a timely manner to the Administration to which he belongs the type of private activity that he intends to carry out (which facilitates the control of the conflict of interest).
In any case, the accumulation of jobs is never allowed, not even after the transformation of the full-time to part-time regime, in cases where the additional activity is provided in favor of another public administration.
Article 18, paragraph 3, of the “school sector” of the CCNL states: “The employee is also placed on leave, upon request, for a school year without pay to experience a different work activity or to exceed a trial period. As has been expressed, the teacher applying for a license is given the opportunity to experiment with a different job, whether public or private, in order to choose which of the two, or even just from professional experience. This can only happen after that the teacher has signed the contract and if he has no other employment relationship at the time of signing the indefinite contract at the school. Otherwise, if he had not terminated the previous employment contract, he would find himself in a situation of incompatibility since he could not sign the contract by itself.
Leave for work reasons can only be obtained if it refers to the circumstance of having a different work experience, but not of “being able to keep one already in place”.
The guidelines published by USR Sicily
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