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It is an absolute novelty, emergency, due to the problem of contrasting the spread of the coronavirus. The provision of substitutes for “Covid 19 staff” in the end are nothing more than temporary substitutes to which the provisions already provided for institute rankings apply by analogy, let’s now try to give an overview on this topic.
The rule
Article 321 bis, letter b, of the coordinated text of Legislative Decree 34 of 2020, establishes that to allow the start and development of the 2020/2021 school year in compliance with the containment measures of the epidemiological emergency due to COVID-19, by order of the Minister of Education, in agreement with the Minister of Economy and Finance, measures are adopted, also derogatory to the current provisions, aimed at authorizing the directors of the regional offices of the schools to activate new temporary appointments of teaching and administrative personnel, technicians and assistants (ATA) with a fixed term from the start date of the lessons or from the start of the service until the end of the lessons, not available for assignments and uses of temporary duration. In case of suspension of the on-site activity, the respective employment contracts are terminated for just cause, without the right to any compensation.
The substitutions conferred by “Covid staff” are comparable to temporary ones
It is the MIUR note of September 5, 2020 that writes in black and white that the contracts stipulated according to OM 83 of 2020 are similar to temporary substitutes. The note indicates that “the directors in charge of the regional offices of the schools have been authorized to repeal, when strictly necessary and only for the 2020/2021 school year, the limits to the maximum number of students per class defined by Decree aforementioned presidential 81/2009 and to Activate temporary assignments of teaching and administrative, technical and auxiliary personnel, in relation to the specific needs of educational institutions. The aforementioned contracts, in accordance with article 3 of OM 83/2020, They are similar to temporary substitutions. In this sense, keep in mind that the places related to the activated contracts are not available for use and provisional assignments, they have legal and economic effect from the date of the start of the lessons or from the start of the service real and last until the end of the lessons. In case of suspension of the classroom teaching activity, the activated work contracts will be They are terminated for just cause, without the right to any compensation, in the event of rescission of the suspension, upon resuming the classroom teaching activity, the aforementioned contracts are reassigned to the previous ones. owners, when they are still available, for the purposes of didactic continuity and economic efficiency of administrative action “.
No compensation in case of termination of the contract. And NASPI?
The Ordinance on the measures for the resumption of teaching activity in the 2020/2021 school year in compliance with the measures to contain the epidemiological emergency of COVID-19 establishes, recalling the main regulatory opinion, that these contracts have legal effect. and economic from the start date of the lessons or from the effective taking of the service, last until the end of the lessons and are identified by the information system with a specific function of the system, also for the monitoring purposes to which it refers the article In case of suspension of face-to-face teaching activities, activated work contracts are destined to be terminated for just cause, without the right to any compensation.
Therefore, these are contracts that cannot exceed the duration of the term of the classes, which can be terminated in the event of suspension of the face-to-face teaching activity and which in this case would not give rise to any compensation. In this sense, it is assumed that compensation is intended by the Ministry of Education as a compensation measure.
The different speech should be for the NASPI that those in a state of unemployment are recognized with the possession of the basic requirements. Like being unemployed because you get fired against your will. This condition for precarious teachers occurs with the termination of the school’s employment contract, or because they are terminated for just cause or fired in periods protected by maternity; have made the declaration of immediate availability for work to the INPS, the Employment Center or through the Unemployment Registration Portal; Be active in the job search, according to the rules of the personalized attention contract, signed at the Employment Center. In addition to having paid at least 13 weeks of contributions in the 4 years prior to the involuntary unemployment event and having performed at least 30 days of effective work, in the last 12 months before the dismissal / termination of the contract.
It’s called from the school ratings
For him staff Contracts related to teaching staff related to the coverage of non-vacant teaching positions and teaching positions effectively authorized as of December 31 and until the end of the school year are called. It is also foreseen the provision of temporary substitutes until the end of the teaching activities to cover the teaching hours that do not contribute to establishing chairs or time slots. And we also proceed to assign temporary substitutes for any other need. The call will be made through the rankings of institutes governed by the order of the Ministry of Education of July 10, 2020, n. 60, which approved the substitute regulation of 2007 according to the repeal recognized by Legislative Decree 22.
For ATA staff Proceed in accordance with article 1, paragraph 1, letter c), article 5 and article 6 of the decree of the Ministry of Education of December 13, 2000, n. 430, in any case no later than the end of the lessons.
In the event of termination of the suspension, the “covid” contract is reinstated
The note of September 5 reiterates that “in the event of termination of the suspension, upon resuming the face-to-face teaching activity, the aforementioned contracts are reassigned to the previous holders, when they are still available, for the purpose of teaching continuity and economic efficiency. of administrative action “.
What penalties apply to “COVID 19 staff”?
Applying by analogy the discipline of institute rankings, it is assumed that the regulatory standard referred to is the one provided for this case, both for ATA and for teachers.
Penalties for ATA personnel
1) The resignation of a contract proposal, or its extension or confirmation, has no effect;
2) The abandonment of the substitution implies the loss of the possibility of obtaining any type of substitution conferred, both based on the (permanent rankings and provincial lists), and on the rankings of clubs and schools, for the current school year.
2. Staff who are not in service for temporary positions until the end of the teaching activity, have the right to previously terminate their employment relationship to accept another that lasts until the aforementioned period.
3. For personnel with an indefinite contract who have expressed their interest in obtaining substitutes (in accordance with the provisions for the provision of provincial substitutes), the non-acceptance, repeated in two school years, of a hiring proposal per substitute granted based on (permanent rankings and provincial lists), it definitely entails the loss of the possibility of obtaining substitutes.
4. In-service staff per alternate conferred based on club and school rankings, however, have the right to leave this alternate to accept another assigned based on provincial rankings.
5. The sanctions referred to in sections 1 and 3 will not apply in the event of non-compliance or early termination of the employment relationship for justified cause, resulting from a documented request by the interested party.
Penalties for teachers
1) The resignation of a contract proposal or its extension or confirmation entails, exclusively for applicants who are totally unemployed at the time of the replacement offer, or who have not already accepted another replacement, the placement at the end of the third leg of the ranking. related to the same teaching;
2) Failure to respond, in the terms provided, to any contract proposal for which the communication made by the college must be considered to have been effectively received by the recipient, amounts to an explicit resignation;
3) not being recruited after acceptance implies the loss of the possibility of obtaining substitutes for the same course in all the schools in which one is included in the relative rankings;
4) Abandonment of service implies the loss of the possibility of obtaining substitutes, conferred on the basis of school rankings, for all insertion rankings.
5) Staff in service by substitutes conferred based on the institute’s classifications have the right to leave this substitute to accept an annual substitute or temporary substitute until the end of the teaching activity.
The part-time problem
It is known that there is a problem in the recognition of part-time for those who accept temporary substitutions and it is even more problematic for the COVDI staff. 19. The rule in general establishes that the CCNL 2006-2009 contemplates the possibility of stipulating fixed-term contracts with Part-time employment relationship. In this sense the art. 25, c. 6, and art. 39, with special attention to c. 3, relating to teaching and educational personnel, and articles 44 c. 8, 51 and 58 related to ATA personnel. The aforementioned provisions are made taking into account the provisions of art. 73 of DL n. 112/2008, converted into Law no. 133/2008. There is no longer any automaticity in the granting of part-time work, but it will be the administration that evaluates whether or not the conditions exist to recognize this right, which in the case of short-term replacements is more problematic for reasons mainly of an organizational nature as well as for emergencies in the case of substitute “covid”.
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