A much requested and very interesting issue, especially for school collaboration partners, is the possibility of being able to switch work shifts with another colleague in the presence of duly motivated personal and/or family needs. The typical example is two school partners who are attached to the same complex, but who have staggered working hours, and who ask to exchange their work shifts once.
We try, always starting from the analysis of the applicable legislation, to understand the legitimacy of the “change of shift” between colleagues and the procedural methods to be followed.
Working hours of school employees: an overview.
Working time finds precise discipline in art. 51 of the CCNL school sector 2006-2009.
The standard allows for 36 hours per week, which normally develops into at least 6 continuous hours in the morning, and which can be worked for a maximum of 9 hours per day.
If the daily work effort exceeds 6 hours, a break of 30 minutes may be necessary.
If the work effort exceeds 7 hours, the 30-minute break must be recognized as mandatory.
It is up to the DSGA to organize the work plan by formulating a proposal for an annual activity plan after a concrete meeting with ATA staff at the beginning of the year.
The principal adopts the plan after verifying compliance with the school’s PTOF and after discussion with the professional party in accordance with art. 22 of the collective agreement for the education and research sector of 19. April 2018.
The articulation of the individual collaborator’s working hours must comply with the following general criteria:
- functionality of working hours for opening for users and work needs;
- optimization of the use of human resources;
- the effectiveness and efficiency of the service offered and the work activity;
- expanding users’ usability of services;
- improving functional relationships with other offices and other administrations;
- reconciliation with the worker’s personal and family needs.
This is how you get on with the shift change.
In light of the single school employee’s working hours, set at the beginning of the year in the annual activity plan, changes to the number of hours within the same day (such as a shift change with a colleague who performs the afternoon shift in the same departmental competence) must be requested from the DSGA or the principal, the only subjects , who are competent to authorize them.
The employee’s request must be duly justified with regard to the underlying reasons, and must in any case within a reasonable time arrive at the necessary assessments that the school management must make regarding the functional impact of the replacement on the service needs. and verification of the availability of the other partner who must provide his work shift.
Although an informal change permission is frequent in practice, often accelerated by the fact that the school partners affected by the shift change have already found an agreement about the replacement, it is nevertheless good to formalize this time change with a specific service provision. to guarantee all parties involved.
In the service, it will be appropriate to specify all useful elements (day(s) planned, working hours, various and possible reasons).
Unauthorized shift change.
Any shift change not approved by the school administration or by the SGA director effectively constitutes a clear and unexcused absence from the workplace during the working hours allocated in the annual plan of ATA activities regularly adopted by the school principal or by any specific provision service, which configures a violation of the official duties expressed in CCNL 2016-2018 and in Presidential Decree 62/2013 “Code of Conduct for Public Servants”.
Especially art. 11 of the national agreement for 2016-2018 provides that: “the employee must respect the working hours and fulfill the formalities required for registration of attendance; not to be absent from the workplace without the permission of the manager or manager; in schools and educational institutions, the latter identify with DSGA“.
Taking into account the aforementioned legislation, the following are some considerations of a practical nature and some good practices which, in the writer’s opinion, can be adopted without prejudice to the necessary awareness that each school has particular and often different balances and organizational structures.
In view of the necessary margins of flexibility to be used in the organization of the service and in the management of the staff, it is recommended that EMS directors and school principals (the latter in their capacity as employers) provide for an internal duty discipline changes in working hours, which above all, is in accordance with the aforementioned legislation and which respects the criteria agreed in the institution’s supplementary negotiation with RSU and the professional parties, which take into account the employees’ personal or family needs. especially for employees who are in specific situations (e.g. working mothers, employees in special situations foreseen by law, etc.).
An additional practice that can be adopted could also be that the procedures for requesting and approving (even informal) shift changes during the preparation and adoption of the annual plan of ATA staff activities are specified in the presence of valid and justified reasons that make do not assume the nature of habit.