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by Dino Caudullo *
The second wave of the pandemic has also completely overwhelmed the world of school, smashing the programs of the Ministry of Education that had promised that all schools would operate regularly. First with ad hoc interventions by individual regions, which were partly opposed by the Viale Trastevere ministry itself, and then with the Decree of the Prime Minister of November 3 that, dividing Italy into three areas according to the severity of the situation pandemic, has returned, where more and where less, what to do distance education.
In particular, in the so-called red regions, distance learning affects middle school from second grade and high school, while in the orange and yellow regions only high school.
If in the first phase of the pandemic the school world had to adapt, and somehow improvise, also in terms of the few and confusing rules, the reintroduction of distance education to a school year that was already underway it required a specificity. regulatory intervention dictate minimum rules that guarantee school workers and students themselves.
Legislative Decree 22/2020 established the complementary negotiation instrument
On the basis of article 2, paragraph 3-ter, of legislative decree 22/2020 converted, with modifications, by law 41/2020, the ministry and the unions Cisl Scuola, Flc-Cgil and Anief have in fact endorsed the hypothesis of National Complementary Collective Agreement on methods and criteria for the provision of remote work services by staff teacher, until the persistence of the state of emergency due to the spread of the virus.
The hypothesis of a contract establishes that “in correspondence with Suspension of the didactic activities in presence after the epidemiological emergency, the teaching staff assures in any case the didactic services in the distance modalities ”. Therefore, it is a way of performing the job performance defined as required which reasonably needs the most detailed regulation possible.
Hours of service and breaks during dad
For the development of distance education, which does not necessarily have to be carried out from school but also from home, the hypothesis of the contract specifies, among other things, that teachers are obliged to respect their own hours of service, even in the case in which time units of less than 60 minutes have been adopted, with eventual recoveries, and to the services related to the exercise of the teaching profession in the manner foreseen by the Integrated Digital Teaching Plan of the school of services, ensuring the conducting the lessons. in “synchronous” mode for the whole class or for limited groups of students, integrating these activities in a “Asynchronous” to complete weekly working hours (thus making educational material available to students for download).
During Dad the teachers will keep the union rights, including participation in union meetings during working hours and in any case they must carry out the activities functional to teaching to be carried out remotely.
The hypothesis of the contract also establishes that teachers will be able to carry out the appropriate moments of pause during the distance lesson, also to maintain a high level of attention from the students, and it will not be necessary to make up these breaks.
Computer tools and teachers in quarantine
Schools must, first of all, guarantee adequate computer equipment for students and then, since the precarious, unlike permanent staff, do not have access to the so-called teacher card, that is, the bonus of 500 euros for professional updating , check if the substitute staff needs IT supports, also available on loan for your use.
Teachers who test positive for Covid-19 will still be able to continue teaching at a distance from home, except if they are placed in a state of disease duly certified, with the consequent impossibility of carrying out the work.
Trade union organizations have split
If these are, in general terms, the forecasts of the Ccni hypothesis, as mentioned, only some unions have shared and signed it, while still being very critical of Uil, Snals and Gilda. A true “break in union unity” that certainly does not help the Italian school.
* Administrative and labor lawyer, I am mainly dedicated to public employment and education law for about twenty years.. I live and practice the profession of lawyer in Catania.
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