The Ministry of Education has issued the circular on the extensions of the ATA substitutes that are necessary to guarantee the activities in connection with the implementation of the state examinations and in any case in all cases where situations arise that may affect the effective performance of the services. . of the institute
The note confirms what we have written in recent days: Covid contracts remain out. In fact, special resources are set aside for these replacements in the Budget Law and, for the extension until the end of the lessons, in the Ukraine Decree.
Although these are short and occasional temps, for which the extension can also be arranged, the Covid temps do not fall within.
We remember legislation on the extension of ATA compensation:
Art.1, para. 7, in Ministerial Decree 430/2000:
Temporary replacements until the end of teaching activities may be extended beyond this period for the period strictly necessary to carry out the related activities, in schools interested in state examinations and qualifications to teach in preparatory schools, if this is not is possible. the performance of these activities by means of permanent staff or annual alternate staff in the service of the school concerned, and in any case in cases where there are situations which may affect the efficient performance of the school services;.
That’s it note of 10 June 2009, n. 8556:
Article 1, para. 7 of the current regulation on the employment of substitutes for ATA staff stipulates that temporary substitutes until the cessation of teaching activities may be extended for the strictly necessary period if it is not possible to allow through the use. of permanent and annual alternates, the
activities in connection with the conduct of state examinations and in any case in all cases where situations arise which may jeopardize the effective performance of school services.
Especially in view of the problem that arises as a result of the new and complex recovery activities in 2nd grade colleges and the associated needs for organizing school life, which may involve, more intensely than in recent school years, the months of July and August, the attention of these offices in order to inform as soon as possible the leaders of the aforementioned institutions, as well as those of the others at all levels who are interested in problems of a different nature – such as the obligations regarding. preparation of school rankings of teaching staff – as, where they intend, after a preliminary assessment of the specific needs of the different schools and
the presence guards of the permanent and alternate in July and August, in favor of the above-mentioned legal provisions, must make a reasoned request to the director of the regional school office through the relevant provincial offices, which after examining the reasons may grant the permit.
It should also be noted that a similar possibility of contract extension is provided for, in the manner specified therein, by Article 6, 4 of the aforementioned Regulation, for temporary replacements of ATA staff, the costs of which in this case – with the exception of those arising from periods of compulsory maternity leave – outweigh the budget of the same educational establishments.
And here it is‘art. 6 pieces. 4, of the ATA Substitute Regulations:
If the absence of staff belonging to professional profiles such as administrative assistant, technical assistant and school partner, in the period between the end of teaching and the end of teaching activities, including exams, makes it impossible for the school to ensure the performance of additional indispensable activities, the school head motivated determination extend the expiration date of the substitutes for the period when the need for service actually lasts and in the number strictly necessary to avoid interruption of public service..
Criteria and needs
The extension can only be requested by the school head if it is strictly necessary for the activities that can not be covered with permanent staff or with substitutes per. August 31st.
What activities are we talking about? The criteria for each profile:
- needs in connection with cleaning and disinfection imposed by the need for presence inside the premises of educational or supplementary recovery and / or mandatory competitive activities during the summer period.
- high number of non-permanent employees (at least 50%) with employment until 30 June 2022 compared to the total number staff on duty, together with: a) large number of unsuitable staff or with reduced work capacity; (b) a large number of staff using the permits under Law 104/92.
- needs related to activities related to the conduct of state examinations, suitability, additional initial preparations, all
carry out bankruptcy proceedings or teaching or supplementary recovery activities or situations that may jeopardize the orderly start of the school year;
- large number of unsuitable staff or with reduced working capacity together with: (a) large number of staff using the permits under Law 104/92; b) prolonged staff absences even in July and August.
- needs in connection with the activities related to the conduct of the state examinations, eligibility, additional preparations, etc.
obligations in connection with the implementation of bankruptcy proceedings.
NOTE MI 21550