what restrictions when they will be able to relocate or request temporary assignment. Al info

Is it possible to postpone entry into the role? What restrictions are provided for newly hired teachers? Let us answer one of the many questions that came to the editorial staff on the subject.

Before we answer the questions, let’s keep in mind method of recruitment for the academic year 2021/22, duration restrictions in owner school whenever possible submit an application for provisional transfer and what allows for CCNI Mobility 2022/25 regarding acquisition of ownership school.

Entering the role

Last school year, the ordinary entry into the role (by GM and GaE) was done in computerized mode, to which applicants submitted two different applications (according to the time specified by UUSSRR):

  • a first instance for the choice of province / competition class / place type of the candidates included in the competition merit ranking and in GaE (the latter has not chosen the province which is the one to be included in the ranking but only the competition class / position type; the province was on the other side selected by the applicants included in the GM);
  • another body for indicating the preferred order of the available places / schools.

For GM aspirants who have not submitted an application, a provincial of office has been assigned after those who have submitted a general application; in case the aforementioned aspirants have submitted an application by not specifying any provinces and the latter (by their nomination) were the only ones available, they have not achieved the role (as the failure to indicate one or more provinces was considered as dispensation , for which they have been canceled from the specific location).

However, to confirm what has been said, we await the next instructions on the entries in the role of 2022/23.

The school’s permanent restrictions on ownership

Teachers placed in the role, starting from the academic year 2020/21, are subject to the restriction mentioned in Article 399 (2). 3 of Legislative Decree no. 297/94, as amended by Legislative Decree No. 126/2019, amended to Act No. 159/2019 (Article 1 – 17 octies), again amended by Legislative Decree No. 73/2021, amended to Act No. 106/2021 [articolo 58, comma 2-lettera f)].

Pursuant to the aforementioned provision, teachers may hold any position set indefinitely from the academic year. 2020/21:

  • they can apply for transfer, temporary employment or use at another school That means hold temporary positions from 30/06 / or 31/08 in another role or competition class (Art. 36 CCNL 2007). after three school years of effective service in the educational institution of ownership (ie the school where you were employed in 2022/23 for a fixed-term period and where the probationary year was completed). Teachers who are in situations of overtime or dismissal or severely disabled, or who assist a child or a spouse or a relative or the like within the 3rd degree with severe disabilities, are not covered by the 3-year restriction.

We point out that the support decree (art. 19, subsection 3-sexies, DL 4/2022, amended to Act no. 25/2022) has amended Article 13/3 of the law decree 59/2017 (on the employment of upper secondary school teachers), as provided in the previous version: Upper secondary school teachers must remain in the permanent school in the same type of place and competition class for at least 3 years (1 trial plus 2 more), except in case of redundancy or dismissal or application of Article 33 (1). 5 or 6 of Law No 104/92, limited to events which take place after the deadline for the submission of applications for the competition in question. Following the amendment of the Executive Order on Support, the aforementioned teachers may submit an application for provincial provisional employment and accept temporary assignments in accordance with Art. 36 of CCNL 2007. This last provision, although not referring to the aforementioned Art. 399/3 in the Legislative Decree. 297/94, could be included in the next CCNI on interim allocations 2022/25.

Acquisition of the owner school

CCNI on mobility 2022/25, considered L ‘absence of a discipline concerning the acquisition of ownership of the registered office after the entry into force of Act No. 145 and considered it appropriate to define the transfer methods in the agreement;has laid down a specific provision for teachers recruited for employment in the school years 2021-22, 2022-23, 2023-24, without, however, changing the aforementioned retention obligation (but possibly postponing it by one year).

In the light of the contractual provision, teachers employed during the school years 2021/22, 2022/23, 2023/24 may apply for voluntary mobility in order to acquire the registered office; if they do not show it, they will stay in the recruitment school. For those placed in the role of the academic year 2022/23, the three-year bond:

  • starts from the school year 2023/24if they submit an application for voluntary mobility in order to acquire the registered office and are satisfied with one of the expressed preferences;
  • starts from the school year 2022/23if they do not submit the aforementioned application, remain in the recruitment school (as of 2022/23);
  • starts from the school year 2022/23if they submit the aforementioned application but are not satisfied with any of the expressed preferences so that they remain in the employment / ownership school.

Preliminary assignment

For the school year 2022/23,

– L ‘task temporary it can not be requested:

  1. of teachers legally employed by the academic year 2022/23;
  2. for an education other than ownership of teachers (also employed in the 2019/20 academic year and earlier) who have not obtained confirmation of the role;
  3. by common position, by professors with support who are still subject to the five-year restriction on this type of position;
  4. of the teachers employed in the academic years 2020/21 and 2021/22 (in this regard, reference should be made to what has been said above regarding the Decree of Support, the provision of which could be included in the CCNI on Interim Applications and Tasks 2022/25, for which the aforementioned teachers could submit an application for Provincial Provisional Assignment);

– L ‘task temporary can be asked:

  • of the teachers employed in the academic year 2019/20 and earlier;
  • for education other than the degree of ownership, only by teachers who have obtained confirmation of the role (and do not fall within the constraint mentioned in point 4 above, except as highlighted);
  • only for support posts, by teachers with support who are still subject to the five-year limit (and who do not fall within the limit mentioned in point 4 above, except as highlighted);
  • by common place and support, by teachers who hold support that is no longer subject to the 5-year limit (and who does not fall within the limit mentioned in point 4 above, except as highlighted);
  • of the teachers employed in the academic years 2020/21 and 2021/22 who are in a situation of dismissal or redundancy;
  • of the teachers employed in the academic years 2020/21 and 2021/22 who are severely disabled or assist people with severe disabilities (child, spouse, relatives or the like within 3rd grade), provided that the certification of disability is after the date of entry in the call competition (eg teachers employed by GM) or periodic update of the ranking (for teachers employed by GaE);
  • of the teachers employed in the academic years 2020/21 and 2021/22 who are parents of children under 3 years of age;
  • of the teachers employed in the academic years 2020/21 and 2021/22 who are cohabiting spouses of military personnel.

Learn more

Questions

Here is the question:

I could be placed in the role during the academic year. 2022/23 by ordinary competition in a region other than that in which I reside. I ask if there is an opportunity not to give up, but to postpone the employment in the role, to see if I am able to be placed in the role, through another extraordinary procedure, in the region of residence. I also ask what are the restrictions on duration in owner school and when can I apply for temporary employment.

We answer the various questions from our reader:

1. Is there an opportunity to postpone the employment in the role? No, there is no way to postpone the role; if you do not submit an application for employment (choice of province), as illustrated above, you will be assigned an office placement, and if you give up, you will be canceled from the relative and specific ranking of the position / class in the competition, relative to which you will give up.

2. What are the limitations of staying in school? The new employee is obliged to remain at the owner’s school for three school years, where he can not submit an application for transfer, preliminary allocation and use, as well as accept temporary assignments in another competition class or education level (art.36 CCNL 2007), unless he is in a situation of dismissal or redundancy or is a severely disabled person or cares for a child, spouse or relative or a relative up to the third degree with severe disability; According to the Decree of Support, however, the new employee could submit an application for provincial temporary position (but not for the year of employment, therefore new employees in the academic year 2022/23 will not be able to submit an application for temporary employment assignment provincially for the school year 2022/23) and accept temporary assignments (art. 36 CCNL 2007).

3. When can I apply for a temporary position? In light of the novelty introduced by the Decree of Support, in relation to which we always await CCNI on temporary applications and assignments, if taken in the academic year 2022/23, could submit an application for provincial award for the school year 2023/24. For this year, he could also present it (even inter-provincial) if he has children under the age of three (provided this is confirmed in the next CCNI).

To the answers above, we add that the reader could also accept the role of the province in the region where she does not live, and then with the mobility issues for the school year. 2023/24, could submit an application to acquire ownership in the province of residence or in one of the provinces in the region of residence (provided, of course, that the application has been granted).

NB. Changes can still be made to current legislation and therefore the article should be considered as a first step towards a regulation that has not yet been fully defined.

We await the next meetings of the Ministry for the drafting of the contract on preliminary tasks.

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