Teachers “support” for 36 hours even over 6 days but with unchanged pay the anief goes to the judges

Anief – What happens to the teachers and Ata suspended from the service because they were not vaccinated and admitted to the school these days due to the effect of the decree law n. 24 published in the Official Gazette, General Series n. 70 of March 24? To answer the many doubts that are still alive, the Anief union, with a series of clarifying FAQs, was published this morning.

From the fact that these workers can all return to their service schools when “in possession of the green basic certification”, the union reminds that “teachers do not come back to class to do didactic activities and attendance”. While the Ata staff, always unvaccinated, do not perform “didactic activities in contact with the students”, can usually be used to perform all normal activities. Everything clear? Not exactly. Anief gives every teacher practical answers that do not want to slip out of their various rights.

Teachers without vaccinations, on the other hand, are engaged in activities “in support of the educational institution”, as stated in a specific note to Minister no. 620 of last March 20th. That is to say, the Anief states that “teachers and educators who do not receive the vaccination duty may be employed for all the other functions which fall within their duties, such as the activities of a collegial nature, programming, planning, research, evaluation, documentation, updating and training ”. Among the support activities for the school functions include “the library and documentation service, the organization of the laboratories, the support for the use of audiovisual and new information technologies, activities related to the functioning of collegiate bodies, administrative services and all other activities approved as part of the Institute Project “.

Also for non-vaccinated teachers, the work must take place over 36 hours a week, as is the case for workers who are temporarily unsuitable for teaching staff (Art. 8 of the same CCNI of 25 June 2008) as well as for all teaching staff. and pedagogical, which for various reasons do not carry out the learning activity, but are used in other tasks (such as teaching staff, who perform the functions referred to in Article 26 of Law 448/1998, which are for national projects provided for in the law 107/2015., Etc.) “. It will be the task of the school principals,” teachers and educators ex officio to perform the functions identified “. Furthermore, there is no requirement for Payment of hours more than those specified in a learning contract “. Therefore,” the salary of staff returning from suspension period remains unchanged despite the hourly increase “. “6 working days (from Monday to Saturday) are divided, thus losing the right to take advantage of ‘Friday’.”

The union Anief “believes, however, that the use of teaching staff for additional hours compared to what is provided for in the employment contract is illegitimate due to breach of contract rules”. It follows that the same young union “is preparing a specific legal action to explain the provisions for teachers to perform work over the hours stipulated in their contractual profile and on their job description with a request for pay, including overtime “to challenge. The Anief, which calls for 36 hours a week for unvaccinated teachers, has also launched a concrete appeal: The young trade union continues to urge the abolition of the 36-hour ministerial memorandum. , when it is then required by a service order of the school principal and in any case the payment of additional overtime over his own working hours.

On the tasks performed, “Teachers must inform the school principal that they are in possession of the green base certification and wait for the school principal’s service order with the identification of the activities and tasks performed as well as with the Indication of working hours. [email protected] to take the evaluation of the judicial office of the Union of Judicial Actions and to send any official notification to the staff “.

Always take into account the law decree n. 24/2022, “staff of the public administration, in case they communicate that they are not in possession of the COVID-19 green certification or if they do not have the said certification at the time of access to the workplace, for d ‘Protecting the health and safety of workers at work is considered unjustifiably absent until the presentation of the said certification and in any case no later than 30 April 2022’: this provision does not, however, have any ‘disciplinary consequences’. and the teacher or Ata is considered absent unjustified for failing to comply with the green certification failure, but reserves the “right” to maintain the employment relationship. For the days of unjustified deprivation, no salary or other remuneration or allowance is payable. For the days of unjustified absence, no salary or other compensation or allowance is payable. “

In the last FAQ, the union Anief focused on one aspect that confirms the punitive nature of the provision that will keep teachers away from students until next June 15: it is about the provision, which in the note of April 1, 2022 n. 461, which allows, “until 15 June 2022, the implementation of pedagogical activities and contact with students only to teachers and educators who do not receive the vaccination obligation, who are therefore in possession of an enhanced green Passports are, as well as exempt from vaccination “. The idea is that “liberated staff must continue to perform their service and contact with students, and thus maintain their own length of service”.

Teachers in ATA suspended and returned to service: Salary, exempt, duties 36 hours. Anief FAQ

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