The new disciplinary procedure in Public Administration and the School. The Official Gazette No. 254 of October 31, 2009, general series was published Legislative Decree No. 150 of October 27 2009 (the so-called Reform Brunetta) that would aim to equalize the management system of public employment in the private sector. And in particular introduces the policy of meritocracy. What I'll be at a glance to unfold the new penalty system, which since November 15, 2009 is in force, within the school.
Before considering the merits of so-called Reform Brunetta is necessary to recall some principles.
The freedom of teaching "Art and science are free and clear teaching them is" art. 33 of the Constitution. L 'article 13 of the European Charter of Human Rights provides that the arts and scientific research shall be free. Academic freedom is met. The Consolidated School states that "... teachers are guaranteed the freedom of education ... designed as a free cultural expression of the teacher. The exercise of this freedom is designed to promote, through an open exchange of cultural positions, the full development of personality of students. "" The government guarantees the freedom of education and professional autonomy in the conduct of teaching, research and scientific "(" Human resources management "art. 7 Legislative Decree 165/2001). On this issue are not possible mediation, because the freedom of teaching, the real one, guaranteed by Article. 33 of the Constitution, is clearly individual in nature: the holder of freedom is the individual teacher who, in full independence, precisely because free, and decide how 'obvious that in these acts, the freedom of education corresponds to the' autonomy of the individual teacher, who in his choices and educational ties in his address to the freedom of his thought and culture that professes to "general education". dlgs.297 of Article 395 of 1994 provides that the teaching function is understood as the essence of the explanation transmission of culture, helping to shape it and to stimulate youth participation in this process and training human and criticism of their personality. The school teachers of all levels, as well as performing their normal teaching hours, carry out other activities related to the teaching function, given the relationship in the nature of your teaching and participation in the governance of the school community.
The role played by teachers is of great social responsibility, because they contribute to training and "education" of the individual is something essential for the formation of critical consciousness and social person. It 'is quite clear that creating a system of rules and red tape, such as that established by the so-called reform Brunetta, has the sole purpose of inhibit the freedom to teach and to limit its full realization.
this reform, so if you can define, is bad for various reasons, and because by law introduces the principle of meritocracy, and because it was forged with a haste that makes difficult the interpretation of the rules which apply in particular to the staff lecturer on the subject of disciplinary action. But the element that will make you think all is that it has consolidated the principle of non-differentiation between subject and judgmental or accusing the administration of Public Prosecutions and his staff the same Directors shall decide. This is what normally occurs in the private sector for decades labor, and is a further approximation of work "public" at work "private." But most worrying is the fact that the real employer is no longer the rule but those who use the service or school students and parents. This principle is not expressly written but it is derived from various elements that increasingly undermines the freedom of education as explicated above.
Reform Title IV Brunetta
new global rules on 'sort of employment by the government in Chapter V, is the question concerning disciplinary actions and responsibilities of civil servants. In particular, Article 69 of Legislative Decree introduces Article 55 bis and following the legislative decree 165 of 2001 which is a kind of codified law for civil servants relating to the regulation of the employment relationship.
Regarding the school should be specified that are repealed Articles 502 to 507 of Legislative Decree 16 April 1994, No 297 (Consolidated School), PART III - STAFF TITLE I - TEACHER, EDUCATION, MANAGEMENT AND INSPECTION CHAPTER IV - Discipline Section I - Disciplinary measures. For teaching staff, through referral (still operating rules for this part) of the Act to the contract in place, (the provisions of which may be considered to have survived) are considered still in force Articles. from 492 to 501 of Legislative Decree 297/94, of other penalties under this decree as the suspension without pay of up to ten days by the same decree is applicable interpretation that is derived from that legislation be, however, is not subject to the sanction of the verbal warning for the teaching staff as this case is not provided.
Different speech as ATA's staff considered the sanctions are in principle already covered by artt.92 and 93 95del Negotiable school division force.
It should be noted, as efforts made by Circular No. 9 of the Public Function Ministry that the new rules of procedure applies to all the facts relevant to the disciplinary bodies of the Administration as to which is delegated the competence to acquire disciplinary action after the news of the infringement November 16, 2009.
What I want to highlight the first to respond to new legislation on the subject of disciplinary proceedings is the following article in the Legislative Decree No. 150 of October 27, 2009, article 55 sexies, paragraph 3 (as added to 'Article 55 of the dgl 165, 2001): The failure or the loss of discipline, due to the delay or omission, without just cause, the acts of the disciplinary proceedings or disciplinary assessments on the lack of the offense or obviously unfounded or unreasonable in relation to having conducted an objective and clear relevant discipline, have, by those responsible with managerial qualifications, the application of disciplinary sanction of suspension from duty without pay in proportion to the gravity 'of the infringement is not prosecuted, up to a maximum of three months in relation to offenses punishable by dismissal, and also' non- assignment of wages result in an amount equal to the amount payable for twice the duration of the suspension period. The subjects do not have managerial qualifications apply the above sanction of suspension from duty without pay, unless otherwise provided by collective agreements. To this we must add the deduction of wages cd result, the Manager always that " ensure "no sanctions or its employees ... So the manager who does not take any behavior" collaborative "with the Administration of belonging or fails to start disciplinary proceedings threatens serious consequences ... simply put is a form of exonerating to increase the fury and the harassment of school staff.
It is noteworthy that the new penalty system through cross-reading between the article of 1339 cc and 1419 cc the second paragraph is imperative that a system cd is inserted inside the case law there CCNL school division and then by the same imperative applies Negotiable.
That said, we enter the specific Article 69 of dlgs.150 of 2009 when the following is noted:
For less serious infringements ', and for which' provided the imposition of higher and lower in verbal reprimand to suspension from duty without pay for more 'than ten days, the disciplinary proceedings, if the manager's managerial qualifications, is held under the provisions of paragraph 2. That is the responsible executive grade, the facility where the employee works, even in a position of control or out of role, when reports of wrongful conduct with some of the disciplinary sanctions provided for in paragraph 1 (penalties ranging from verbal reprimand but below the suspension from duty without pay for more than ten days), first sentence, without delay and no later than twenty days to contest the complaint in writing to the employee and that the summons be heard in his defense, with the possible assistance of an attorney or a representative of the union where the employee is a member or empowered, with a notice of at least ten days. By the closing date, the employee convened, does not intend to, can 'send a written statement or in the event of serious and objective obstacle, make a reasoned request to postpone the deadline for the exercise of his defense. After completion of any further activity 'investigation, the facility manager terminate proceedings, the act of filing or the imposition of the penalty, within sixty days of notification of the accusation. In case of delay exceeding ten days of the deadline for the defense to prevent the employee, the deadline for the conclusion of the proceedings and 'extended accordingly.
The deferral can 'be provided only once during the procedure. The violation of the terms set out in this paragraph shall, for the administration, forfeiture or disciplinary action for the employee exercising the right of defense. The particular element is the fact that teachers are not expected to sanction the verbal warning, instead of ATA employees.
So said briefly on the news, declined for the teaching staff of schools and ATA are: (Note from the 'Umbria Regional School Office of Protocol No. AOODRUM 6927/C2 - Directorate-General of 3 December 2009 that considers acceptable)
- competence of the head teacher: for penalties ranging from verbal reprimand (for ATA staff verbal reprimand, the minimum penalty for teachers is the written warning) to the suspension from duty without pay up to 10 days.
- Office is responsible for disciplinary proceedings, which, as required by the rule, each director will identify, for the most serious cases. (To time, from my point of view, that power is the office unless otherwise indicated litigation dell'USR membership unless explicit delegation and formal membership for USP always)
Around the early stages of proceedings "phases" of the disciplinary proceedings (see first two paragraphs of the new art. 55bis of Legislative Decree no. 165/2001) can be summarized in a concise, limited to offenses punishable by head teacher, the principal innovations:
* since the "news" of wrongful conduct, the school administrator within the mandatory period of 20 days, denies the charge in writing to the employee and the summons to be heard in his defense, with a notice of at least 10 days, heard in the employee may be assisted by a lawyer or a trade unionist;
* within the prescribed period, the employee is convened, will not occur, it may send a written statement, or, in the event of serious and objective obstacle, formulate a reasoned request for postponement of the deadline,
* the procedure shall be completed within 60 days of notification of the accusation, with the storage or the sanction - if the court asked the employee if the reasons given there is more than 10 days, the deadline for the conclusion of the proceedings shall be extended by that amount and the deferment of the deadline may be placed only once during the procedure;
* involves the violation of the terms set out, forfeiture disciplinary action, with disciplinary responsibility of the manager if he has committed omissions, or delays, the employee, will nullify the exercise of the right of defense;
* penalties for exceeding those imposed by the head teacher provides the USP of the territorial reference, using the same procedures.
no longer provided for the compulsory teaching staff the opinions of the governing bodies that characterized the previous rules of procedure, while the ATA staff there is a substantial confirmation, with the exception of the terms that are shortened.
When the manager has no managerial qualifications or at least for offenses punishable by more 'serious than those indicated in the first period (a minimum penalties provided for the suspension and curtailment of more than ten days of pay), the disciplinary proceedings conducted in accordance with the provisions of paragraph 4. Paragraph 4 provides verbatim on the point that each administration, according to their own, find the office responsible for disciplinary procedures, the dispute the allegation that office to the employee, heard the calls for a defense, and instructs the procedure ends as provided in subsection 2 (ie writing contest the charge within 20 days from when there is news of sanctionable conduct, and within 60 days unless an extension is to end the proceedings not less than the time delay for the employee's refusal to submit his defense), whether the penalty to be applied and 'more 'suspension from duty with severe curtailment of at least 10 days of pay, with the application of terms equal to twice those set out therein and saves the suspension under Article 55-ter (which will be discussed below). The deadline for notification of the accusation from the date of receipt of documents transmitted pursuant to paragraph 3, that is the date on which the office has otherwise acquired the infringement notice, while the commencement date for the conclusion of the procedure remains set at the date of acquisition of the first news of the infringement, even if this occurred by the head of the structure in which the employee works. The violation of the terms mentioned in this paragraph shall, for the administration, forfeiture or disciplinary action for the employee exercising the right of defense. So it follows that for the offenses for which e 'provided the verbal reprimand (for staff ATA) apply the framework set by collective agreement or the first paragraph of Article 93 of the Negotiable 2007)
As for the question of the regency of' school to be part of the entity in charge who has not managerial qualifications shows that: in respect of staff ATA may be imposed the penalty of a verbal reprimand, but must be other sanctions imposed by the competent office or USP dell'USR; against the teacher in charge but not a managerial qualifications may not impose any sanction noted that the verbal warning is not provided for teaching staff. So, in this case the sanctions, from written warning should be applied by the competent office or dell'USR USP.
should be noted that the facility manager, if he has the executive role or whether the penalty to be applied and 'more' serious than those of the suspension with curtailment 10 days of pay, shall submit documents within five days after news of the event, giving context to the office identified above ut the employee concerned.
Competence (Notes of 'Umbria Regional School Office of Protocol No. AOODRUM 6927/C2 - Directorate-General of 3 December 2009, which is deemed acceptable)
The criteria to define the severity of the penalty (and thus the power to impose the penalty) does not present particular difficulties. In fact, for breaches of discipline and sanctions provided by contract personnel ATA is easy to read the case under Article 93 of the National Collective Bargaining Agreement that the penalties under letters a), b), c), d) determines the competence of the head teacher, while the penalties provided for by the letters e) and f) determine the competence USP.
For teaching staff, through referral (still operating rules for this part) of the Act to the contract in place, (the provisions of which may be considered to have survived) are considered still in force Articles. from 492 to 501 of Legislative Decree 297/94. These articles do not provide the difference up to 10 days and up to 10 days (as per the ATA staff) because Article 494 provides for the general "suspension from teaching or office up to a month." In this case SS.LL. are recommended to predetermine the type of sanction (whether higher or lower to 10 days - depending on the severity of the behavior) and treat accordingly proceeding, directly or put it back to the appropriate USP.
Communication disciplinary proceedings
Paragraph 5 of this Article provides that any communication to the employee in the disciplinary proceedings, and 'carried out by certified mail, if the employee has appropriate mailbox or through delivery hand. On subsequent to the notification of the accusation, the employee may 'also indicates', a fax number, of which he or his attorney has the availability'. As an alternative to the use of certified electronic mail or fax and ALSO 'delivery to hand, communication is done via registered mail with return receipt. The employee has the right to access to the records of the inquiry proceedings. E 'excluded the application of additional or different terms than those set out in this article.
Investigation
In paragraph 6 is clear in particular that during the investigation, the head of the facility or the office for disciplinary proceedings may acquire from other public information or documents relevant to the definition of the procedure. The aforementioned activities 'investigation does not result in the suspension of the proceedings, it' the postponement of the time limits The deadline for notification of the accusation from the date of receipt of documents transmitted pursuant to paragraph 3, that is the date on which the office has otherwise acquired the infringement notice, while the starting date for the conclusion of the procedure remains set at the date of acquisition of the first news of the infringement, even if this occurred by the head of the establishment where the employee works. The violation of the terms mentioned in this paragraph shall, for the administration, forfeiture or disciplinary action for the employee exercising the right of defense.
In paragraph 7 states that the employee or the manager, belonging to the same government dell'incolpato or a different, being aware of reasons for office or service of information relevant to disciplinary proceedings in progress, refuses, without justification, the cooperation required by the 'disciplinary proceeding or makes false statements or reticent, and' subject to the application by the administration of membership, the disciplinary the suspension from duty without pay, commensurate with the gravity 'of the offense against the employee, up to a maximum of fifteen days.
Transfer employee resignations and employee disciplinary proceedings
In paragraph 8, which shows that in case of transfer of the employee, for whatever reason, in another government agency, the disciplinary procedure and 'launched or concluded or Punishment, and 'applied in the latter. In such cases the time limit for notification of the accusation or the conclusion of the proceedings, if still pending, are interrupted and resumed after the date of transfer. Paragraph 9, states that in case of resignation of the employee, if the infringement committed and 'laid down the penalty of dismissal or if it should, and' the interim suspension was ordered by the service, the disciplinary procedure has also ongoing under the provisions of this Article and final determinations are taken for the purposes of the legal effects not precluded by the termination of the employment relationship.
In case of resignation of the employee, if the infringement committed and 'expected penalty and the dismissal or if it 'were to be interim suspension of service under the disciplinary procedure has also ongoing under the provisions of this Article shall be conclusive and decisions taken with regard to the legal effects not precluded by the termination of the employment relationship.
Disciplinary proceedings and criminal
Article 69 also introduces Article 55 Article 55 ter of Legislative Decree 165 of 2001. This article governs the relationship between the disciplinary proceedings and criminal proceedings.
1. The disciplinary procedure, which involves, in whole or in part, made in relation to which the authority shall 'court, and' continued and completed in pending criminal proceedings. For minor infringements', referred to in Article 55-bis, paragraph 1 (and offenses for which 'provided the imposition of higher and lower in verbal reprimand to suspension from duty without pay for more' than ten days ), not 'permitted stay of proceedings.
For more serious infringements ', referred to in Article 55-bis, paragraph 1 (higher penalties to suspension from duty without pay for more than ten days), the department concerned, in cases of particular complexity' of 'investigation of the allegations made against the employee and when the outcome of the investigation does not have enough evidence to justify the imposition of the sanction, may' suspend the disciplinary proceedings until the end of the penalty, unless the possibility 'of the suspension or take other protective measures against the employee.
2. If the disciplinary proceedings, not suspended, culminating in the imposition of a penalty and then the prosecution is defined with a final acquittal, which recognizes the fact that charged to the employee does not exist or does not constitute criminal offense or that the employee that he has not committed, the authorities 'jurisdiction, on motion of the part to be proposed within the limitation period of six months dall'irrevocabilita' of preliminary criminal reopen the disciplinary proceedings to change or confirm the final act in relation the outcome of criminal proceedings. So in this case the government does not activate office but only through an application.
3. Instead, if the disciplinary proceedings concluded with the filing and the criminal process with a final conviction, the authorities' competent reopen the disciplinary proceedings to adjust the determinations of the final outcome of criminal proceedings.
The disciplinary procedure and 're-opened, also,' if the final conviction that the allegations made against the employee in disciplinary involves the penalty of dismissal, while you have 'been applied differently.
4. In the cases referred to in paragraphs 1, 2 and 3, the disciplinary procedure and ', respectively, taken or reopened within sixty days of the ruling administration of the workers 'or the submission of the request for reopening and it' concluded within one hundred days of the shooting or from reopening. The recovery or re-occur by the renewal of the notification of the accusation by the 'competent and disciplinary proceedings shall continue according to article 55-bis. For the purposes of final determinations, the authorities' proceeding in the disciplinary proceedings taken or opened, apply the provisions of Article 653, paragraphs 1 and 1-bis of the Code of Criminal Procedure. 1a. This article of the Criminal Procedure Code concerning the effectiveness of the criminal sentence disciplinary proceedings.
1. The irrevocable penal sentence of acquittal has res judicata in proceedings before the disciplinary responsibility for public authorities with regard to a finding that the crime does not exist or does not constitute criminal offense or that the accused committed it.
1-bis. The sentence pronounced effect on final conviction of a final decision in the proceedings before the disciplinary responsibility for public authorities with regard to determining whether the fact of its illegality and criminal allegation that the accused committed it.
Dismissal Article 55 quater instead address the issue of disciplinary dismissal.
Please note that the only competent body is to impose dismissal litigation or the office or dell'USR USP unless expressly and formally delegated by dell'USR. The headmaster is responsible for implementing the dismissal.
Article 55-c (disciplinary dismissal). - 1. Without the discipline in terms of dismissal for just cause or justification and further prejudice the cases provided for by collective agreement, shall be under the disciplinary sanction of dismissal in the following cases:
a) a false attestation of attendance at work through the alteration of systems for detecting the presence or by other means' fraudulent, or justification of the absence of service using a false medical certificate or falsely certifying a disease state;
b) absence without valid justification for a number of days, even non-continuous, more than three within two years or more but not for 'seven days over the last ten years or failure resumption of service, in case of unjustified absence, by the deadline set by the administration;
c) unjustified refusal of the transfer for reasons provided by the service requirements;
d) sham 'documentary or declaratory orders for the purpose of or in connection 'establishment of the employment relationship or the career progression;
e) recurrence in the work of serious conduct aggressive or threatening or harassing or abusive or otherwise detrimental to the honor and dignity 'staff of others;
f) final criminal conviction, and in relation to which' provided for the permanent exclusion from public office or to the extinction of any description of the employment relationship.
2. The disciplinary and dismissal 'provisions also' in the case of work performance, referring to a period of not less than two years, for which the administration of membership shall, in accordance with the laws and contractual provisions concerning the assessment of staff government, an assessment of poor performance and this' due to repeated violation of the obligations concerning the provision itself, established by legislation or regulations, collective agreement or individual acts and actions of the administration of membership or codes of conduct described in Article 54. (codes that should properly be delivered to the employee at the time of appointment, but it is considered appropriate the mere publication on the website of the Ministry of Education, USP USR or membership)
3. In the cases referred to in paragraph 1, letters a), d), e) and f), dismissal and 'without notice.
Regarding the dismissal of the case related to work performance, referring to a period of not less than two years, for which the administration of membership shall, in accordance with the laws and contractual concerning the evaluation of government staff, an evaluation of poor performance and this 'due to repeated violation of the obligations concerning the provision itself is important to note that Article 74 of Legislative Decree 150 of 2009 provides for the establishment of the' independent body Performance appraisal is still excluded in the school system and institutions of higher education in art and music. So, now that dismissal of this case would be difficult to apply in the school system .... too seriously because it is contrary to Article 33 of the Constitution regarding freedom of teaching ...
False statements or certifications
is also introduced to Art. 55-d governing the matter concerning the false statements or certifications. - 1. Without the provisions of the Criminal Code, an employee of a public administration that falsely certifying their attendance at work through the alteration of the presence detection systems or by other means' fraudulent, or justify the lack of service or certified falsely certifying a false medical or disease state and 'punished with imprisonment from one to five years and a fine ranging from € 400 to € 1,600. The same penalty applies to the doctor and anyone else who helps in the commission of the crime.
2. In the cases referred to in paragraph 1, the worker, without the responsibility ' and criminal and disciplinary sanctions, and 'obliged to compensate the financial loss, that is the amount paid in respect of pay periods for which it is found that the failure to provide, as well as' the damage caused by the image.
3. The final sentence of condemnation or the scope of punishment for the crime referred to in paragraph 1 are, for the doctor, the disciplinary sanction of disbarment and ALSO ', if an employee of a public health facility or if an agreement with the health service national, dismissal for just cause or disqualification from the Convention. The same disciplinary penalties apply if the physician in relation to the lack of service, issuing certifications attest to the clinical data are not directly observed it 'objectively documented.
liable to disciplinary action and acts prejudicial to the administration
Art. 55-e instead on the question concerning the responsibility 'for disciplinary acts prejudicial to the administration and limitation of liability' for the exercise of disciplinary action. -
1. The condemnation of the government to pay damages resulting from the breach by the employee, concerning the work performance of the obligations established by laws or regulations, collective agreement or individual acts and actions of the administration of membership or codes of conduct in Article 54, involves the application against him, where already 'not met the conditions for the application of another disciplinary sanction of suspension from duty without pay from a minimum of three days to a maximum of three months, in proportion to 'the compensation.
2. Except for the cases provided for in paragraph 1, the worker, where causes serious damage to the normal operation of the Office of belonging to professional incompetence or inefficiency established by the Administration under the laws and contractual provisions concerning the assessment of staff of the government, and 'ACTIVE STATUS', the outcome of the disciplinary procedure that ensures this responsibility ', and apply to it the provisions of Article 33, paragraph 8 and Article 34, paragraphs 1, 2, 3 and 4. (rules governing the ratio of staff availability)
3. The failure or the loss of discipline, due to the delay or omission, without just cause, the acts of the disciplinary proceedings or disciplinary assessments on the lack of the offense or obviously unfounded or unreasonable in relation to having conducted an objective and clear disciplinary significance, involves for the responsible party with managerial qualifications, the application of disciplinary sanction of suspension from duty without pay in proportion to the gravity 'of the infringement is not prosecuted, up to a maximum of three months in relation to offenses punishable by dismissal, and also' the failure to pay the result of an amount equal to the amount payable for twice the period of period of suspension. The subjects do not have managerial qualifications apply the above sanction of suspension from duty without pay, unless otherwise provided by collective agreements.
4. Responsibility 'may be assigned to civil responsibility of leadership in relation to profiles of wrongfulness' in determinations concerning the conduct of disciplinary proceedings 'limited, in accordance' with the general principles, the cases of willful misconduct or gross negligence.
absences and disciplinary proceedings
Art. 55-f concerns the discipline inherent checks on absences. -
1. In the event of prolonged absence due to illness for a period exceeding ten days, and in any case, after the second event of sickness absence in the calendar is only justified by a medical certificate issued by a public health facility or a practitioner with the National Health Service.
2. In all cases of sick leave and medical certification 'sent electronically, directly with your doctor or health care facility that issue, the National Institute of Social Security, according to the procedures' established for the electronic transmission of medical certificates in the private sector by law and in particular the Decree of the President of the Council of Ministers under Article 50, paragraph 5 bis of Decree-Law of 30 September 2003, no 269, ratified with amendments by Law 24 November 2003, No 326, introduced by Article 1, paragraph 810, of Law December 27, 2006, No 296, and by the said Institute and 'immediately forwarded, in the same way', the administration concerned.
5. The Administration has control as to the existence of the illness of the employee even in the absence of a single day, taking into account the functional and organizational needs. The time periods of availability ' the worker, which must be made within the medical examinations shall be determined by the Minister for Public Administration and Innovation.
6. The head of the facility where the employee works as well as' possibly the manager in charge of general administration staff, under their respective responsibilities, take care that the provisions of this Article, in particular to prevent or counteract the interests of function 'office, the conduct assenteistiche. As used in this respect, the provisions of Articles 21 and 55-sexies, paragraph 3.
The new time slots for the disease:
lands in the Official Gazette the decree establishing the bands hours of operation for the civil service in case of sick leave. These bands are set at the following times: from 9 to 13 and from 15 to 18, including non-working days and holidays. Are excluded from the obligation to respect the availability times for which the employee is absent due to serious illnesses that require life-saving therapies, occupational accidents, diseases for which has been recognized as the cause of service, or underlying disease states associated the situation of a recognized disability. Employees are also excluded in respect of which tax has already been carried out the survey for the period specified in the certificate of prognosis. The decree will come into force on February 4, 2010.
The inability to work
L 'Art 55-g instead address the issue concerning the permanent UNFIT' mental health.
- 1. In the case of established permanent UNFIT 'psychophysical serving employees of public authorities, under Article 2, paragraph 2, the administration can' solve the employment relationship. With regulations to be issued pursuant to Article 17, paragraph 1, letter b) of Act 23 August 1988, No 400, shall be governed, for the staff of governments, even to an autonomous as well as 'public bodies, non-economic
a) the procedure to be adopted for the testing of' at the service, even at the initiative of the Administration;
b) chance 'for the administration, in cases of danger to the safety' of the employee concerned as well as' for the safety of other employees and users to take precautionary measures to suspend the service, pending suitability for carrying out the visit ', as well as' in the case of non submission of the official visit of suitability ', without just cause;
c) the effects on legal and economic treatment of the suspension referred to in subparagraph b), as well as' the meaning and implications of Final measures adopted by the carrying out after the visit of fitness ';
d) the possibility', and the Administration to terminate the employment relationship in the case of repeated refusal by the employee to undergo this suitability '.
The badge
Art. 55-novies is the identification of staff in contact with the public. -
1. The civil servants in carrying out activities' in contact with the public are required to know your name through the use of identification tags or plates to be affixed at the workplace. (This rule is effective from mid-February 2010) is' probable that this rule will apply for the ATA staff see it difficult to apply for the teaching staff.
2. From the obligation under paragraph 1 and 'excluding staff identified by each contracting on the basis of certain categories, in relation to the tasks allocated to them by one or more 'decrees of the President of the Council of Ministers or the Minister for Public Administration and Innovation, at the proposal of the Minister responsible or, in report to the staff of non-state government, after reaching agreement in the Permanent Conference for relations between the state, regions and autonomous provinces of Trento and Bolzano or the State-city 'and local governments.. " Finally, the Appeals
disciplinary action may be imposed, it can be challenged in the appeal to the Judge Ordinary, prior implementation of conciliation at the Directorate Provincial Labour considered, as well as with the other modes. In this regard it is noted that the novel framework states that "Collective bargaining can not establish procedures for appeal of disciplinary action. It does not affect the power to regulate by means of collective agreements is not mandatory conciliation procedures, except for cases for which it is expected disciplinary sanction of dismissal, to be established and completed within a period not exceeding thirty days and before notification of the accusation of imposing the penalty. The terms of the disciplinary proceedings are suspended from the date of opening of the settlement procedure and resume after the If the findings with negative results. The collective agreement defines the acts of the settlement procedure which determines the beginning and the end. "(Note from the 'Umbria Regional School Office of Protocol No. AOODRUM 6927/C2 - Directorate-General of 3 December 2009)
L 'Arbitration is repealed
should specify that the date of entry into force of this decree, or by November 16, 2009, not' allowed, on pain of nullity, 'the appeal of disciplinary proceedings before the arbitration of discipline. Proceedings the appeal of disciplinary sanctions pending before the above-mentioned colleges to date of entry into force of this decree are set, on pain of nullity 'of documents by the deadline sixty days following that date. Effects of some
repeal Repeal Section 503 - Suspension and removal from teaching or office
The competent body shall by reasoned decree to declare the acquittal from any charge or imposition of the sanction obtained the opinion of the Disciplinary Board school board or provincial disciplinary board of the National Council of Education, depending on the case of teachers in nursery, primary and secondary, that is, teaching staff of schools and institutes of higher secondary education and personnel belonging to roles national initiatives in accordance with the constitutional principle of freedom of instruction. The above advice is given within a period of sixty days after receipt of the request, be extended by thirty days to carry out specific tasks and more instructors are needed. After expiry of this period, the Board may proceed with the adoption of the measure.
With the repeal of that article is less a form of procedural guarantees for the protection of the teaching staff represented by the wording of the mandatory opinion of the Disciplinary Board in the case of proceedings concerning the suspension and dismissal from teaching or office. The effects? For some time we tend to constestare the methodology of teaching the teacher, the content of the "lessons" that is all that is guaranteed by the Constitution Article 33 in particular. With the repeal of that article should be surprised if the teacher does not see the increased constestazioni that affect the freedom of education, (as it will be a less important instrument of control) as this freedom must be sacrificed in the name of privatization of public administration and especially to prevent them from forming free thinking minds ... and criticism of the system!
Repeal Article 505 - Provisions for rehabilitation
1. The rehabilitation measures provided for in Article 501 is adopted:
a) by order of the Director of Education, after consulting the competent disciplinary board provincial school board, the staff of the kindergarten, elementary and middle or heard the Disciplinary Board of the National Council of Education for the staff of the institutes and schools of upper secondary education
b) by order of the Director-General or the head the central service, after hearing the competent disciplinary board of the National Council for Education in the case of the personnel belonging to national roles.
The repeal of that article I think it's a clerical error. Otherwise it would be pointless to take up the structure of Article 501 which concerns the rehabilitation, so I do not think it can be implicitly undermined the system of recurrence. I believe that the body jurisdiction to which the application should be sent to rehabilitation is the same as that imposed the disciplinary action.
Repeal Article 506 - Suspension and precautionary suspension due to criminal conviction
1. The staff referred to in this title shall apply the provisions of Articles 91-99 of the consolidated text approved by Decree of the President January 10, 1957, No 3.
2. The precautionary suspension of compulsory measures are arranged by the manager of the regional school office.
3. The interim suspension is optional prepared, in any case, the Ministry of Education.
4. Whether those reasons of particular urgency, the interim suspension may be prepared, in respect of teaching staff, the head teacher, unless validated by the regional school office manager in charge of the measure must be reported immediately, and, in respect of school leaders, by the manager of the regional school office. In the absence of validation by the regional school office manager in charge, within ten days of the adoption of precautionary suspension prepared in respect of teaching staff, the suspension is revoked by law. Similarly, in the absence of confirmation by the same manager in charge of the regional school office, within the same period in the second period of interim suspension receptive to school management, the provision of law is revoked.
5. The suspension is prepared immediately for office in the cases referred to. 1, paragraph 1 of the Law of 18 January 1992 16. The suspension ceases when so ordered against the official ruling is issued, although not final, not to prosecute, a dismissal or acquittal or revocation of the preventative measure or decision of annulment even though with delay. The department competent to make good this deficiency is determined pursuant to paragraph 2. (Article amended by art. 2 of Law 176/07)
The repeal of this article causes a strange situation. That is, can not be expected to stay there in case there are situations that see the stakeholders involved in criminal cases as a mafia-type association, extortion, bribery, embezzlement, etc.. And 'even this an oversight? Dr.
. Marco Baron
the Court of Bologna
marcusbarone@yahoo.it
http://baronemarco.blogspot.com/
retelegale
bologna Bologna in February 2010
Not long ago I wrote about a wheel geometrically perfect that I pursued. Probably 
r = (int) (Math.random () * suggestions. length); 
r1.setText (word);} 
import javax.swing.*; 
public class TestaRetta{ 