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I am a teacher, can you work as a freelancer? Do I have to report my second activity to the school? Does the director have to authorize me? Are there any conditions that must be respected? Legislation, FAQs, indications.
The matter is governed by: legislative decree n. 297/94, article 508 – paragraph 15; MIUR note n. 1584 of July 29, 2005; law n. 247/2012, article 19 and USR Lombardia note n. 17263 of 06/12/2013 (for lawyers). The USR Sicilia, at the beginning of the 2020/21 school year, summarized all the cases in a simple guide Incompatibility of public employees – Specificity of the school sector to which we refer for a detailed reading of the information provided
The rule of absolute incompatibility with respect to school personnel, both full-time and part-time with work performance greater than 50%, is set by art. 508, subsection 10, of Legislative Decree 297/1994 (Consolidated Law of Education) regarding the exercise of commercial, industrial and professional activities or carried out by individuals or, again, that imply the acceptance of positions in companies established for this purpose. for profit, excluding cooperatives.
Frequently asked questions
D. In addition to being a teacher, I am also a self-employed person (engineer, architect, accountant …). Can I carry out both activities at the same time?
A. Yes, the school regulations provide for it.
Q. I am a lawyer, can I practice and teach at the same time? Are there specific provisions?
A. Yes, you can practice and teach at the same time. For lawyers, the matter is governed by Law No. 247/2012 and note no. 17263 of 06/12/2013.
D. Do lawyers have additional limitations dictated by specific legislation (law n. 247/2012 and note n. 17263 of 06/12/2013)?
A. Yes, the teacher / attorney:
- can only carry out educational activities in legal matters;
- you cannot receive legal assistance in disputes, in which the administration (school) is a party;
- It cannot take on the professional duties assigned to it by the administration (there are, however, some judgments to the contrary, as well as the opinion of the National Council of Lawyers).
D. Can only II grade secondary school teachers carry out teaching and legal activities at the same time, considering that teaching of legal subjects is exclusively taught at this level of education?
R. No, article 19 of Act No. 247/2012 mentioned above does not refer to the lawyers registered in the registry already on the date of entry into force of the aforementioned law (February 2, 2013), for which the provisions of article 3, paragraph 4, of the Real Decree no. 1578/1933; therefore, the teacher / attorney, enrolled in the registry prior to February 2, 2013, may continue to practice as an attorney even if they do not teach legal disciplines.
D. Can the teacher act as administrator of a condominium?
Although the activity is not formally included among those expressly prohibited to teachers by art. 508, d.lgs.297 / 1994, cannot be legitimately authorized when it is provided continuously and not occasionally. The request can only be accepted when the commitment is limited to looking after one’s own interests. This hypothesis occurs when the subject occupies the role of administrator of the condominium in which the property is located.
Q. Is it necessary to request authorization from the director to be autonomous?
A. Yes, it is necessary.
Q. If the manager denies authorization, what can I do?
R. You can appeal to the Director of the School Office, who decides definitively.
Q. Are there special conditions to obtain authorization?
A. Yes, the freelance activity:
- the activity must not be detrimental to the performance of the tasks inherent to the teaching function;
- the activity must be compatible with the teaching and service hours;
- the activity must be consistent with the teaching provided;
- the activity must be authorized by the director;
Q. Regarding the exercise of the profession, are the conditions the same for teachers with a full-time employment relationship and for those with a part-time employment relationship?
A. Yes, in the relevant legislation there is no distinction between full-time teachers and part-time teachers.
Q. Is there a difference between self-employment and professional activity?
A. Yes: in the self-employed profession a subordinate relationship is not established between the self-employed person and the client, unlike what occurs in the professional activity.
D. What is the subordination relationship?
A. The employment relationship is configured as subordinate (regardless of the nature of the contract), when, for example, the worker carries out the work activity for another person continuously, at certain times and days and receiving a fixed remuneration.
D. Can the teacher carry out the professional activity?
A. No, it is part of the incompatible activities indicated in paragraph 10 – article 508 of Legislative Decree 297/94. This incompatibility, like the others listed in the aforementioned paragraph, is not provided for part-time teachers with a working day of no more than 50% of that provided by the CCNL.
Teacher who gives private classes
Along with the hypotheses of absolute incompatibility, the specific discipline dictated for the school sector and, in particular, for the teaching staff then adds the hypothesis of taking private classes to the students of the school in which they work.
The law, by virtue of the principle that no student can be judged by the teacher from whom they have received private classes, establishes the invalidity of the ballots or exams that are carried out in violation of the aforementioned prohibition (article 508 paragraphs 1 and 5, d .lgs. 297/1994).
The prohibition is also reiterated within the CCNL of November 16, 2007 considered in the part in which it contemplates, among the services intended to expand the educational offer that the teacher can carry out, the didactic activities of recovery and those directed to adults, expressly excluding by the recipients of the activity the students of their classes (art.32).
Different is the case of private classes given to students who attend schools other than service schools. Carrying out this activity, in fact, is allowed with prior authorization from the director of the center who has assessed the compatibility with the school hours and to whom the name and origin of the student has been previously communicated. This compliance is materialized in a real request for authorization subject to the regime of art. 53, legislative decree 165/01, with the consequence that it is intended to be issued once the term of provision has elapsed. Lessons given to students are absolutely forbidden to inspectors and school directors (paragraph 6). [FONTE GUIDA USR SICILIA INCOMPATIBILITA’ DIPENDENTI PUBBLICI]
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