you are entitled to NASPI, but termination is discrimination



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Covid Substitutes: The Orizzonte Scuola editorial team has long been dealing with the type of contract stipulated for these additional staff to help schools deal with issues related to the Coronavirus emergency. These are temporary substitutes that can be stipulated until the end of the lessons, attributed by shifting the rankings of the teaching institute and ATA.

With an order of August 6, 2020, the Ministry has allocated almost one million euros for the hiring of this additional staff of teachers and ATA staff.

We remind you that sums cannot be used to

  • provisional assignments and uses
  • hours in excess of teachers’ teaching desk hours and ATA staff service hours (overtime)
  • completion of teaching hours by the annual substitute staff

Therefore, stable additional staff is not created, it is an allocation of additional financial resources and the relative authorization of expenses for the stipulation of temporary replacement contracts.

Covid contract and right to maternity and paternity

The contracted personnel – writes the office of the Piedmont School of Education – are guaranteed the rights derived from the legislative provisions on the protection and support of maternity and paternity dictated by Legislative Decree no. 151 of March 26, 2001.

Contracts terminated for just cause in the event of closure. Are you eligible for NASPI?

The Orizzonte Scuola staff had already spoken about it in a special formulary, a new confirmation comes from the FLCCGIL union, which writes

“The standard states that in case of suspension of school activities in the presence of me contracts as a substitute come resolved without the right to any compensation (although the employee retains the right to NASPI).

It’s about a deeply unfair measure, both from the point of view of labor law and from the point of view of didactic continuity and the service that is impaired ”.

Requirements to apply for NASPI unemployment benefit – NB By 2020 the 68-day period has been extended to 128, due to the COVID-19 health emergency). However, it must be remembered that if so Submit an application for Naspi within 8 days after the completion of the work, you will be entitled to the effective date of the compensation from the eighth day, if instead you submit a request between the eighth and 128th day The start of the treatment will start from the day following the one requested.

What is meant by blocking

Close a class, a section, a school, suspension of lessons nationwide?

An interpretation always comes from the Piedmont school office.

On this last point, it seems reasonable to interpret the primary rule in the sense that the just cause in whose presence the express termination clause operates must be identified in a negative evolution of the epidemiological situation that necessarily implies the total and not partial suspension of teaching . in presence (new blocking, in fact, at all points of service provision).

Reactivation of the contract

In the event of termination of the suspension, upon resumption of face-to-face teaching activities, the aforementioned contracts are reassigned to the previous holders, when they are still available, for the purpose of teaching continuity and the economic efficiency of the administrative action, as clarified by the circular ministerial of alternates. prot. north. 26841 of September 5, 2020.

NB All cases in which it is possible to leave a substitute for another



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