Fensir – On the afternoon of 22 April, the Law Decree n. 44 entitled “Urgent provisions for the strengthening of public administrations”. A Decree Law awaited by several thousand teachers, especially new recruits in the current school year. In fact, the aforementioned decree, as in fact occurred, provides for the postponement of the constraint of permanence in the place of entry into the role starting from the 2023-24 school year. Therefore, newly hired teachers in the roles of the current school year participate in the mobility in the manner envisaged for all other teachers and ata staff as required by OM n. 36.
“We welcome the provisions envisaged for newly hired teachers and also for teachers included in the GPS 1st level support, additional lists and qualified abroad. But allow us to make some useful criticisms and reflections also in view of the discussion on the decree itself which will take place in the coming weeks, in fact at present it is good for some and bad for others” says Giuseppe Favilla, general secretary of FeNSIR.
However, the question of restrictions on mobility remains unchanged as the release only affects newly hired teachers, postponing the problem. In fact, and in substance, the constraints will apply starting from the next school year. The constraints continue to apply to those who have obtained the transfer to a province or headquarters and who are not very welcome. This problem also remains for future mobility. Another matter of no small importance regarding the recruitment of teachers
fixed-term contracts aimed at the role of GPS 1st support band with effect from 1/9/2023 is the possibility of derogation deriving from Law 104/92; in DL 44 only the remote possibility of redundancy remains. The derogation of law 104/92 remains confirmed for all those employed in the role by GAE and competitions from 09/01/2023.
Although the issue of new recruits for the current school year has been temporarily resolved, in fact the problem has simply moved forward, as we immediately underlined.
“We consider the passage envisaged by Decree 44 to be an important step, but certainly not a solution to the problems of new hires, nor respectful of the choices of the teacher, who must submit to the logic of submission to rules that may limit personal freedom” says Giada Zichittella , national secretary of Fensir SADOC, trade union
autonomous federated teachers of Fensir. “The attention of the legislator must undoubtedly be directed towards students, to whom didactic continuity must be guaranteed as much as possible, but at the same time the right of school workers to be able to respond to needs of a personal and family nature must be protected, such as proximity to the workplace, care for one’s family and loved ones, as well as attention to economic investment. We know well what it means to carry out this job, albeit always wonderful, away from one’s family; and the suffering is accentuated for those who have children who are still of school or pre-school age, sometimes even with disabilities, who need closeness and special care. We believe that these constraints of absolute exclusion of derogations must be permanently eradicated” concludes Zichittella.
In the coming weeks, our union will work, through a synergistic involvement of the political world, to provide for the abolition of all constraints by legislative means, and this can happen by bringing the discomfort of those forced to leave home and loved ones to the table of the institutions to make your life choice. We are convinced that the serenity and planning of each worker of the School must be accompanied and promoted by respect for the choices also
in relation to the workplace, as provided for by the same Constitution in art. 4: “Every citizen has the duty to carry out, according to his own possibilities and choice, an activity or function that contributes to the material or spiritual progress of society”. The constraints represent a real constitutional limitation since, although they contribute to the material and spiritual progress of society through the education of future generations, they are in fact completely out of place for the working serenity of each teacher.
Furthermore, let us not forget the recruitment of personnel from competition Merit Rankings. Thousands of teachers have passed the ordinary competitions, but at present their hiring is limited to the three-year term. We are convinced that, before any other question, it is good to also foresee for the future – and therefore by modifying the provisions of art. 400 of Legislative Decree 297/1994 – the scrolling of the merit rankings, until they are exhausted.
Investing even two years for an ordinary competition consisting of several tests for a specific hiring procedure is, in our opinion, not only unfair, but also senseless; on the other hand, a rule must be envisaged which allows the emptying of all the ordinary and extraordinary insolvency rankings.
With regard to the possibility of hiring from the 1st band GPS, we believe that the time has come to use them for hiring regardless of the specific service performed, as they are made up of qualified teaching staff. Their transformation into scrolling rankings for recruitment could also be a resolution to simplify recruitment procedures as much as possible and deal with the inconveniences that educational institutions face annually.
The provisions of law 79/2022 could be integrated with a new legal device that allows permanent scrolling for permanent recruitment from the aforementioned rankings, making them become “dual channel” over time together with ordinary competitions.