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Those who live in the school know that the time needed to summon substitute teachers has never been fast, this year the computerized procedure, in some cases, seems to have slowed down the whole system even more.
Recently, due to the delays in the appointment of alternates from GAE and GPS, some schools have begun to summon alternates to fill the numerous vacant chairs, with appointments stipulated in accordance with art. 41 of CCNL 2016/18.
We remind you that the aforementioned article provides the following:
“Fixed-term contracts for teaching, educational and ATA personnel must in any case carry the term. Among the causes of termination of these contracts is also the identification of a new title after the approval of new rankings ”.
As established by OM.60 that regulates substitutions and as also confirmed by note 26841 of September 5, 2020, the announcement of annual substitutions and as of June 30, are the responsibility of the provincial school offices while short substitutions, which they are the responsibility of the schools, through institutional rankings.
Substitute service available on August 31 and June 30
For appointments made in person or electronically from GaE and / or first and second band GPS, the date of entry into service is indicated in the decree with which the appointment is assigned.
Temporary replacements and service entrance
OM.60 art.13, paragraph 1, establishes that for the assignment of short-term substitutions, school institutions summon candidates who are partially employed or totally unemployed.
Regarding the taking of the service, the reference regulation is always OM.60, which in section 3 says the following:
“The use of the procedure is expected to call each type of substitution, however taking into account that, for temporary substitutions of 30 days or more, the hiring proposal must be sent with at least 24 hours notice of the deadline for the response of availability by the applicant … and, in addition, it electronically acquired the formal acceptance by the recipient of the replacement itself, assigns a maximum period of 24 hours for the effective taking of the service, except in the cases provided for by current legislation”.
As you can see, only the case of substitutes equal to or greater than 30 days is regulated.
What does service take?
It is the act by which the school initiates all the administrative procedures for hiring the in-service teacher and thus inserting him into the school’s staff for the current year, as well as for the payment of salary.
Delegation is not possible and the service must be performed in the presence, at the secretariat of the central office of the school to which it is intended, even if the actual service can be performed elsewhere.
Failure to contract the service after acceptance, also implemented through the prior presentation of power of attorney, entails the loss of the possibility of obtaining substitutes, both based on the GAE and GPS, and based on school classifications, for the same course (OM.60, paragraph 1, a) ii.
It is possible to postpone the service by taking
Yes, as required by art. 560 of Legislative Decree 297/94:
“The appointment of the employee who for just cause enters service late in the pre-established period begins, for financial purposes, from the day he enters service. If the person who has obtained the appointment does not join the service without just cause within the established period, he / she resigns from the appointment ”.
The same note 26841 of September 5, 2020 clarifies the following:
“The possibility of postponing the taking of service for the cases covered by the legislation is also extended to personnel of a fixed duration (eg Maternity, illness, accident, etc …)”
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