National Collective Bargaining Agreement For The Budget Biennium 1998-2001 Quadriennionormativo And 1998-1999 In The Personaledel Compartment "school". ...

Original Language Title: Contratto collettivo nazionale di lavoro relativo al quadriennionormativo 1998-2001 ed al biennio economico 1998-1999 del personaledel comparto "Scuola". ...

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AGENCY for NEGOTIATING GOVERNMENT REPRESENTATION following the favourable opinion expressed by the Government on May 7, 1999 on the text of the agreement concerning the national collective bargaining agreement 1998-2001 of the Fund's staff school, and the Court of Auditors ' certification on May 24, 1999 on quantified costs reliability for the same agreement and their compatibility with the programming tools and budget the day May 26, 1999 at 13 took place the meeting between: ARAN in the person of President prof. Charles Dell'Aringa and the representatives of the following organisations and trade union confederations: for OO.SS. Category: CGIL/SNS; CISL/SCHOOL; UIL/SCHOOL; SNALS CONFSAL/; GUILD/UNAMS; For the trade union confederations: CGIL; CISL; UIL; CONFSAL. At the end of the meeting, the parties have signed the attached national collective bargaining agreement for the employees of the School sector for the period 1998-2001 and the biennium 1998 economic regulatory-1999.
Title I-employment relationship.
CHAPTER I-GENERAL PROVISIONS ART. 1-scope, duration, EFFECT of THIS AGREEMENT 1. The national collective agreement applies to all staff with employment relationship of indefinite or fixed term belonging to the Fund under art. 8 of the national collective bargaining agreement singed on June 2, 1998. The staff of the Fund is carried out in the following professional areas: a) General Services, administrative and technical area; b) function area teacher; c) area of the specific school leadership. 2. this agreement covers the period January 1, 1998-December 31, 1999 for the economic part and up to 12/31/2001 for the normative part. 3. The legal effect from the date of signing, unless otherwise prescribed in this agreement. The stipulation means that occurred at the time of signing the contract by negotiating parties following the completion of the procedures set out in art. 51, paragraphs 1 and 2 of Legislative Decree No. 29 of 1993. 4. this agreement, upon expiration, renewed tacitly from year to year unless notice of termination is given by either party by registered letter, at least three months before each deadline. In case of cancellation, the contractual provisions shall remain in force until they are replaced by the next collective bargaining agreement. 5. After a period of contractual holiday of three months before the expiry date of the economic aspect of this agreement, employees of the Fund will be paid its benefits, according to the deadlines provided for in the agreement on labour costs of July 23, 1993. For the provision of such benefits the procedure of art. 52, paragraphs 1 and 2, of the Decree legislative n. 29 of 1993. 6. when the biennial renewal for further economic reference point of the negotiation will be constituted by the comparison of planned and actual inflation in this biennium, as provided for by the agreement between the Government and the social partners of the July 23, 1993. 7. Under legislative decrees Nos 7/24/1996, 433 and 434 this contract of employment shall also apply to the school staff of autonomous provinces of Bolzano and Trento, prejudice possibly within the provincial collective bargaining within the limits set by the mentioned measures compatibility. LEGISLATIVE DECREE 29/1993 ART. 51 1 addresses for national collective bargaining are determined by industry committees before each contract renewal and in other cases where A.R.A.N. 's negotiating activities is required. Different State administrations address acts are subject to the Government that, no later than ten days, he can express his ratings, with regard to the aspects concerning the compatibility with the national economic and financial policies. 2. The A.R.A.N. industry and government committees constantly informs the conduct of negotiations. 3. once the hypothesis of an agreement, the A.R.A.N. captures the positive opinion of the Committee of sector on the wording and financial burdens ensuing direct and indirect government budgets concerned. The industry Committee expresses, with the effects provided for in article 46, paragraph 1, its opinion within five days from the communication of A.R.A.N. Authorities referred to in article 46, paragraph 2, the opinion is expressed by the President of the Council of Ministers, the Minister for public administration, after consideration by the Council of Ministers. 4. Acquired a favourable opinion on the assumption of agreement, the next day the A.R.A.N. transmits the quantification of contract costs the Court of Auditors for the purpose of certification of compatibility with programming and budgetary instruments referred to in article 1-bis of law August 5, 1978, n. 468, as amended. The Court of Auditors to certify the reliability of the quantified costs and their compatibility with budgetary and programming tools, and can acquire for this purpose elements instructors and ratings by three experts appointed by the President of the Council of Ministers, in consultation with the Secretary of the Treasury, budget and economic planning. The appointment of experts, for the certification of the collective agreements of the administrations of the regions and local authorities, takes place by agreement with the State-regions Conference and with the State Conference-city. The experts shall be appointed before the assumption of agreement is submitted to the Court of Auditors. 5. the Court of Auditors shall act within fifteen days after the transmission of the quantification of the contract costs, after which the certification means made positively. The outcome of the certification is communicated by the Court. R.A.N., industry and Government Committee. If the certification is positive, the President of A.R.A.N. subscribes to the collective agreement. 6. If the Court of Auditors ' certification is not positive, the A. R.A.N., after consulting the Committee or the Chairman of the Council of Ministers, takes the necessary steps to adapt the quantification of contract costs for certification purposes, that is, if he considers it possible, shall convene the trade unions for the purpose of reopening negotiations. 7. In any case, the certification process must be finished within forty days from the assumption of agreement, after which the President has sent the A.R.A.N. to sign the collective agreement, unless it is necessary for the reopening of negotiations under the preceding paragraph. Art. 52.1. The Treasury, budget and economic planning, by agreement of the Joint Conference State-regions and State-City national administrations to collective agreements referred to in article 46, third subparagraph, point a), quantifies the burden resulting from the national collective bargaining with specific indication of what to ask from the budget of the State and that to which shall in the context of the availability of their balance sheets, the other public administrations. The burden on the State budget is determined by a specific provision to be included in the Finance Act pursuant to article 12 of law August 5, 1978, n. 468, e successive modificazioni ed integrazioni. 2. Collective agreements are accompanied by brochures containing the quantification of charges as well as an indication of overall coverage for the entire period of validity of contract, providing for the possibility to extend the clauses with appropriate application in time of the contract or to suspend partial or total execution in case of ascertained exorbitance by spending limits. 3. the expenditure charged to the State budget and is registered in the appropriate Fund of the estimate of the Treasury, budget and economic planning in view of the overall amount. Further to the signature of the individual contracts of the Fund, the Treasury, the budget and economic planning is authorized to share with their decrees, the amounts allocated to each Fund by direct assignment in favour of the relevant budget chapters, also of the new institution, to the staff of the State administration or by transfer to the budgets of the autonomous administrations and bodies in favor of which is provided for in the financial contribution of the State to cover the related charges. Similarly provide other public authorities with their balance sheets. 4. The sums from the transfers referred to in paragraph 3 must find specific revenue allocation of the financial statements of administrations and institutions beneficiaries to be assigned to the relevant items of expenditure of such financial statements. The corresponding appropriations both inbound and outbound cannot be increased except by specific legislative authorization. 5. Control over the compatibility of costs collective bargaining systems with budgetary constraints under article 45, paragraph 4, it is made by the Board of Auditors or, where this is not provided, trial or nuclei by internal control services in accordance with article 20. Art. 2-AUTHENTIC INTERPRETATION of CONTRACTS 1. Pursuant to art. 53 of Legislative Decree No. 29 of 1993, when litigation over the interpretation of the national collective agreement, integrative and decentralized, the parties who have signed within 30 days of the request, referred to in paragraph 2, to define consensually the meaning of the term in question. The procedure must be finished within 30 days from the date of the first meeting. 2. for the purposes referred to in paragraph 1 the interested party sends to the other specific written request by registered letter. The request must include a concise statement of the facts and law on which it is based; It must still refer to problems of interpretation and applications of general relevance. 3. any agreement replaces the term in question since the beginning of the term of the national collective agreement, integrative and decentralized. LEGISLATIVE DECREE 29/1993 ART. 53 1. When litigation over the interpretation of collective agreements, the parties who have signed meet to define consensually the meaning of the term in question. Any agreement entered into with the procedures laid down in art. 51, replaces the clause in question since the beginning of the term of the contract.
Chapter II-Union relations ART. 3-1 goals and instruments. The system of labour relations, respecting the distinction of roles and respective responsibilities of school management and trade unions, aims to balance the interests of employees in the improvement of working conditions and professional development with the need to increase the effectiveness and efficiency of the services provided to the community. The system of labour relations is marked by fairness and transparency of the behaviors. 2. the system of labour relations is composed of the following relational models: a) collective bargaining: supplementary national level takes place and such autonomy made at the level of educational institution, with the modalities, timing and the matters set out in articles 4 and 6; at the provincial level is situated the decentralised bargaining referred to in article 4, paragraph 2; b) participation: consists in institutes of information, of consultation and of the agreements. It may also provide for the establishment of joint committees with purpose make recommendations, in accordance with the method set out in article 5; c) authentic interpretation of collective agreements as per art. 2. ART. 4-SUPPLEMENTARY COLLECTIVE BARGAINING 1. Integrative bargaining is aimed at increasing the quality of educational service, supporting innovative processes in place, including through enhancement of professionalism involved. Collective agreements at various levels, define the criteria of distribution to the staff resources available, as well as the general criteria for the assessment of results in relation to the specific objectives set. Within the integrative national collective bargaining are covered the following subjects: annually: a) general criteria for total available resources for the improvement of educational activities and for additional services, as well as the method of verification of results achieved; b) mobility within the sector and incompartimentale; c) procedures and criteria for the use of staff; every four years or less, if requested by the parties: a) the criteria for allocating resources for the provision of supplementary remuneration linked to the processes of implementation of autonomy; b) criteria for the granting of benefits to school heads; c) the criteria for awarding the allowance of Directors to managers and administrative managers; d) guidelines for the training and upgrading, including plans for the conversion of staff in relation to situations of redundancy, as well as the criteria for the allocation of resources and the method of verification of results achieved; e) guidelines and criteria for the protection of health in the workplace; f) the amount of resources allocated to projects for schools located in areas at risk and the use of those resources and allocation policies at the level of the Institute, including the allocation of a share of funds allocated to training for the financing of specific training modules for staff and general criteria for the assessment of results in relation to the specific objectives set; g) the joint and the method of composition of the Observatory of guidance and monitoring; h) the general criteria for the assessment of cultural and professional titles as well as the share of resources to be reserved to the emoluments connected to the development of faculty and staff ATA professionalism; the night shift, night) benefits – public holiday and public holiday of ATA staff and educational scholarly and educational institutions; l) as more specifically provided in this agreement. 2. At each provincial education offices decentralised bargaining takes place on the following matters: a) the utilization of staff in other teaching activities, supernumerary staff, and that placed out role; b) criteria for the use of permits for the right to education; c) criteria and modalities for the conduct of the territorial assemblies and labour relations at the provincial level; d) training opportunities for teaching staff, educational and ATA, including teachers hired determined that emanate from permanent rankings; and the exercise of trade union permits). 3. The bargaining takes place with the limits set forth in art. 45 legislative decree 29/1993. Within the first month of negotiation the parties take unilateral initiatives or carry out direct actions. By 6/30/2000 the subject of this article will be revised to bring it into line with the completion of school autonomy. Until that date, shall remain in force for existing decentralized arrangements. On matters affecting the timely start of the school year and ordered the bargaining must be completed by 30 June. LEGISLATIVE DECREE 29/1993 ART. 45 1. Collective bargaining takes place on all matters relating to the employment and labour relations. 2. Internal acts of the organization having impact on employment relationships are subject to the information and procedures of examination set by article 10 and collective agreements. 3. By special agreements between the A.R.A.N. and confederations representative under article 47-bis, paragraph 4, are established national collective bargaining sectors relating to homogeneous or related sectors. The executives are a relatively autonomous contractual area to one or more compartments. Stays put for area health role management contract as provided for in article 15 of legislative decree December 30, 1992, n. 502, as amended. The agreements that define the segments or contractual areas apply the procedures laid down in article 46, paragraph 5. For the professionals who, in a position of high responsibility, management or tasks that involve subscription to bulletin boards or technical-scientific and research disciplines shall be established within the framework of collective agreements by sector. 4. Collective bargaining rules, in line with the private sector, the duration of the national collective labour agreements and contractual structure and relations, between the different levels. Public authorities enable autonomous levels of collective bargaining, in respect of budgetary constraints resulting from the annual and multiannual programming tools of each administration. Supplementary collective bargaining takes place on and within the limits established by national collective agreements, between subjects and negotiating procedures that those instruments provide; It can have geographic reach and involve more administrations. Public administrations cannot subscribe in branch collective agreements supplements in contrast to constraints resulting from the national collective labour agreements or which involve a charge not be laid down in the annual and multiannual programming tools of each administration. Unequal clauses are void and cannot be applied. 5. The public administrations shall fulfil the obligations assumed with the supplementary national collective agreements or from the date of signing final and ensure compliance with the form provided for in their respective jurisdictions. Art. 5-1. National, regional and school administration provincially, in the exercise of their autonomy and their distinct responsibilities, provides information and, where necessary, its paper documentation and/or computer science subjects identified in article 9 on the following matters: a) criteria for the definition and deployment of staff of all the staff, including provisions for the ATA staff, by art. 31, paragraph 1, point c) of Legislative Decree No. 29 of 1993; b) organizational mode for the recruitment of staff for a fixed term and indeterminate; c) estimated budget documents relating to staff expenditure; d) operation of new it systems or modifying existing systems concerning administrative and support services of the school activities; and organic ' employment status) General data and personal use; f) General trends of mobility of staff; g) tools and methodologies for assessing the productivity and effectiveness of the education system, including ongoing trials; h) information referred to in paragraph 6 of article. 19.2. Information meetings are held at least once a year. They involve the final accounts of acts of Administration adopted and their results, as well as the projects regarding the matters listed. The documentation is provided to the unions in advance. Bodies referred to in article 9 may require on matters listed above information about individual schools. 3. On each of the subjects referred to in paragraph 1 and the essential lines of address for the management of school organization, can be mutually determined the formation of joint committees, for a more in-depth examination of individual issues in order to advance non-binding proposals for the Administration and to make recommendations to topics of decentralised bargaining. 4. upon receipt of the information Trade Union actors here in article 9 may ask that you initiate the conciliation procedure on the following matters: a) criteria for the definition and deployment of staff of all the staff, including provisions for the ATA staff, by art. 31, paragraph 1, point c) of Legislative Decree No. 29 of 1993; b) the organizational modalities for the recruitment of temporary and indeterminate staff. Consultation takes place in special meetings that begin within 48 hours of receipt of the request. In the consultation the parties having the chance of an agreement by means of a comparison that must be finished within 15 days after its activation. The outcome of the consultation is drafted a report drawn up by indicating the positions of the parties. During the period in which the conciliation the parties take unilateral initiatives on the subject. By 6/30/2000 the subject of this article will be revised to reflect the completion of school autonomy, consistent with the provisions of Decree-Law No 5 of January 22, 1999, converted into law No 69/1999. On matters affecting the timely start of the school year and ordered the consultation must be completed by 30 June. LEGISLATIVE DECREE 29/93 ART. 31 1. In the first application of this Decree, the Government shall carry out: (omissis) c) a revision of the tables annexed to the Decree of the President of the Republic May 31, 1974, # 420, in order to achieve, even with reference to the principles and the criteria laid down in title I of this Decree and in particular in articles 4, 5 and 7, a more rational allocation and distribution of the places of the various qualifications for each school unit in the maximum number of units of staff provided for in the above mentioned tables. Decree-law 22 JANUARY 1999, # 5 PASSED into LAW. MARCH 24 1999, # 6: ART. 1. As an exception to the otherwise provided by article 8 of Legislative Decree November 4, 1997, n. March 31, 1998, 396, as amended by Legislative Decree No 80, in "school" you observe the following provisions regarding the election of representative bodies of staff and assess the reliability '' of organisations and trade union confederations: a) in relation to the implementation of school autonomy, the elections of unitary representations of the staff referred to in article 47 of Decree February 3, 1993 , # 29, and subsequent amendments and supplements, in the "school" take place on the dates and at the contractual level identified by means of agreements between the A.R.A.N. and the representative trade union confederations in accordance with article 47-bis of Legislative Decree No. 29 of 1993; b) on a transitional basis, limited to "school", the A.R.A.N. verified the reliability '' of organizations and employers, as referred to in article 8, paragraph 1, letter g) of Legislative Decree November 4, 1997, no. 396, as amended by Legislative Decree March 31, 1998, n. 80, according to the only associative refers to 1998; by the first quarter of 2001 the A.R.A.N. shall, subject to the "school", final verification based on proxies related to 2000 and the ratings given in the unitary representations of elections staff, in accordance with article 47-bis of Legislative Decree No 29 February 3, 1993, and subsequent amendments and additions. Art. 2 the present Decree shall enter into force on the day of its publication in the official journal of the Italian Republic and will be presented to the Chambers for conversion into law. Art. 6-1 EDUCATIONAL INSTITUTION-level relationships. At the level of each educational institution, in line with the Outlook of decentralization and autonomy, respecting the powers of the head of the Institute and of the collective bodies labour relations are conducted with the terms laid down in this article. 2. Concurrently with the full implementation of school autonomy and the conferral of management to the school heads each educational institution and is home to bargaining. 3. the head of the Institute provides Trade Union actors referred to in article 9 a prior information, delivering the documentation, on the following matters: a) proposals for the formation of classes and determination of employees of the school; b) method of utilization of staff in relation to education; c) use of social services; d) method and criteria for the application of trade union rights, as well as personal quotas provided for in article 2 of annex agreement relating to the implementation of law 146/1990; and safety legislation) in the workplace; f) activities and projects paid from the school fund or other resources deriving from conventions and agreements; g remuneration policy and utilization of staff involved) in carrying out additional activities; h) criteria relating to the sections and assignments to plexuses; effects on the Organization of work and service resulting from the intensification of performance related to the definition of the educational units; afternoon returns; the organisation of work and related methods) the joint staff ATA and hours of educational staff, in compliance with the provisions of the national bargaining, as well as the criteria for the identification of the ATA staff and educational use in paid activities with the Institute; l) criteria for the use of permits for upgrade. 4. On the following matters information is next: a) names of the personnel involved in the activities and projects paid from the Fund of the Institute; b) criteria for the identification and method of utilization of staff in projects arising from specific laws, as well as conventions, understandings or agreements entered into by single educational institution or school administration device with other organizations and institutions. The information is provided in special meetings to be agreed between the parties. 5. Until 31 August 2000, received information concerning points b), c), d) e), h) and the Trade Union, paragraph 3), each of subjects referred to in article 9 may demand an examination of the subject matter of information. The head of the Institute gives notice of request received Trade Union actors present in the school and shall, within three days of the request, to convene a special meeting which could lead to an agreement within 15 days. Together with the full implementation of school autonomy and the conferral of management to the heads of the Institute the subjects listed in the aforementioned points b), c), d), and), h) and i) are subject to bargaining. 6. On matters affecting the timely start of the school year and ordered all procedures provided for in this article shall be completed within the period prescribed by the administrator to the studies on matters that affect provincial organizational structure and, in respect of the other, in a timely manner in order to ensure its expeditious and effective beginning of lectures, as well as the necessary information to students and their families. Art. 7-EXAMINATION of the STATE of LABOUR RELATIONS in A decentralised manner by June 30, 2000, A.R.A.N. and trade unions to present NATIONAL CONTRACT will meet to review the State of labour relations in a decentralised manner, even on the basis of a sample monitoring the results of which will be made available to the same unions and the Ministry of education. Art. 8-COOLING CLAUSES within the first month of negotiating to contracting parties do not take unilateral initiatives or carry out direct actions. During the period in which the conciliation the parties take unilateral initiatives on the subject. Art. 9-COMPOSITION of DELEGATIONS 1. Treating delegations are constituted as follows: I-nationally) in the public ADMINISTRATION:-by the Minister or his delegate; -from a representative group of executives office holders directly interested in the deal. b) For unions:-representatives of trade unions signatory to this category NATIONAL CONTRACT. II-regional and provincial EDUCATION OFFICES, level a) For the public part:-by the holder of a power of representation of the administration within the Office or his representative, by two officials of the Office, of area c. The directors may avail themselves, in their capacity as advisors, school heads and other school staff expert in the field. b) For unions:-representatives of trade unions signatory to this category NATIONAL CONTRACT. III-a) for the EDUCATIONAL INSTITUTION-level public part: from the head teacher; b) For unions:-R.S.A. (until the election of R.S.U.) affiliated trade unions are representative in accordance with articles 47, paragraph 2, and 47 bis of Legislative Decree No. 29/1993 and subsequent amendments; -from R.S.U. and representatives of trade unions signatory to this category NATIONAL CONTRACT as provided for in the framework agreement 8/7/1998 the formation of MSW. 2. School Administration can rely, in collective bargaining, negotiating representation Agency assistance in public administration (A.R.A.N.).
CHAPTER III-COMMON PROVISIONS ART. 10-duties of SCHOOL ADMINISTRATION 1. In order to achieve a system that combines efficiency and effectiveness of service and administrative transparency in all schools facilities managers are required to take the following paragraphs behaviors. 2. The Heads of schools are expected to make the formal acts needed to eliminate bureaucratic taxation which aggravate the fulfilment of obligations of employees. The same purpose must be privileged verbal communication in the context of collective bodies, thus containing the records within the limits strictly necessary and must be given full effect to the legislation on administrative simplification and transparency. 3. The continuous training, both initial and in service, is a resource that the school administration is obliged to provide to the school staff to improve their professional quality and the ability to achieve the requirements linked to the regime of autonomy of the school prefigured by law. It is for the employer which fair use educational opportunities by the headmasters, teachers, educational and ATA, including teachers hired determined that emanate from the rankings are exhausted. In any case, will insure the concrete conditions of usability related to territorial specificity. 4. the rules on administrative simplification must be applied also with regard to certification acts carried out with the help of teachers. 5. as regards administrative simplification, with regard to the provisions under contract, is constituted by June 30, 1999, an ad hoc working group at the Ministry of education. Art. 11-INCENTIVES for PROJECTS in SCHOOLS LOCATED IN AREAS at risk 1. The Ministry of education within 30 days of the entry into force of this agreement, in consultation with the signatory trade unions and other public authorities for the necessary involvement in the implementation of integrated interventions, find, bearing in mind the resources available, the schools located in areas at risk of social deviance and juvenile crime and characterized by significantly higher than the national average school leavers. 2. The schools in these areas can develop projects aimed at recovering academic failure. Selected projects will be funded by the Ministry of education according to the availability of the overall resources provided in the bargaining referred to paragraph 5 and to the selection criteria identified therein. 3. personnel involved in the project referred to in the first subparagraph will be paid a monthly allowance payable for ancillary benefits commensurate with the period allowed by the realization of the project. 4. the Declaration of willingness to insure permanency for the period allowed by the implementation of the project, and not less than three years, give title to the precedence for the transfer at the schools above. 5. when national bargaining will be determined: a) general criteria for selection of projects to be financed; b) general criteria for the assessment of results in relation to the specific objectives set; c) usage policies at the level of resources allocated for personnel involved in projects, including assigning a quota to finance specific training modules for staff within the resources available for training school staff. 6. for the purposes of paragraph 1, the Ministry of education will promote appropriate measures to ensure the institutional integration of interventions and resources. Art. 12-IN SERVICE TRAINING 1. In the context of the reform processes and innovation in school education constitutes a fundamental strategic lever for professional development of staff, for the necessary support to the objectives of change, for an effective policy of developing human resources through education and training qualified initiatives before, mobility, rehabilitation and retraining, as well as training actions aimed at specific needs. The formation is also achieved through tools that allow access to University courses, to favour the enrichment and professional mobility through short routes in order to integrate the curriculum with consistent disciplines with new classes of competition and with considered necessary in accordance with regulations. When national bargaining on the basis of which by 31 October prior to each fiscal year the Ministry of education shall issue specific directive, defines the objectives taken as priority areas concerning in particular:-autonomy and innovation processes in place; -strengthening and improving the professional quality; -the strengthening of academic programs in the territory with particular emphasis on prevention of school failure and drop-out rates, as well as the need for continuous training of adults; -informatization processes, particularly with respect to the enhancement of professionalism ' ATA in connection with the implementation of organizational autonomy and administrative-accounting. 2. in order to ensure the training activities referred to in this article the Administration uses all available resources as well as resources for the purpose provided for by specific laws or community standards. The sums earmarked for training and reference in the fiscal costs are bound not to reuse the following year with the same destination. When national bargaining are defined the times, levels and substances of decentralised bargaining. Are also defined the criteria for the allocation of resources. As a priority, you will have to ensure adequate funding to educational institutions for staff participation in service training initiatives approved by the faculty, necessary for a qualified answer to the needs arising from the piano dell'offerta formativa. 3. In order to strengthen the instruments of quality control and established a National Observatory of guidance and monitoring, with the participation of experts. No later than June 30, 2001 the parties will evaluate the opportunity of a revision of the organism for the purpose of the next contract renewal. Meanwhile, in order to enable the construction of a network of training services at the regional level, functional decentralization of the Observatory will be launched at the regional level. Joint and method of composition of the Observatory shall be determined within the national bargaining, to ensure maximum functionality and streamlined operations. 4. the Centre has no direct management duties. In connection with the ongoing reform processes, the Observatory detect:-training needs; -General methodologies of training modules that correspond to the quantity of human resources requirements and their retraining; -General criteria for the recognition of credits corresponding to the professionalism required for the functions-objective laid down in article 28. With reference to the same functions, contributes also to the design of its training courses, identifying the main training elements and methods of certification; -the General guidelines for the training of staff involved in the implementation of the projects referred to in article 11. The Observatory also carries out in relation to the type of functions identified by individual schools, monitoring of its tasks referred to in article 28 to ensure maximum publicity to the outcomes of the monitoring itself. 5. when national bargaining are defined organisational and cost standards and criteria to determine the requirements for individuals wishing to carry out training activities recognized by the administration. Art. 13-ENJOYMENT of the RIGHT to EDUCATION 1. Participation in training and refresher activities constitute a right for staff as related to the full realization and development of their professionalism. 2. The training initiatives, routinely take place outside normal teaching. 3. Teaching staff can take advantage, with the exemption from service and replacement in accordance with current legislation on various levels, substitutes five short days during the school year for participating in upgrade initiatives recognized by the administration. 4. The personnel participating in training courses organized by the central or peripheral level or educational institution and is considered in all respects. If the courses are conducted offsite, participation in these acts, where due, treat mission and travel expenses. 5. It's repealed article 28 NATIONAL COLLECTIVE LABOUR AGREEMENT of August 4, 1995, except paragraphs 12 and 13. Art. 14-initial training and RELATIONS with the University 1. The application of law No 341/1990 (University training for teachers) represents an opportunity to:-the use of professional skills of the school at the University, in training activities not addressed exclusively to tutoring, for which will be defined, in respect of university autonomy, appropriate contractual institutes under statutory funding 8/3/1998, # 315; -enhance the school as the site that contributes to the training of future teachers. In a special sequence of contract shall be governed by: a) the procedures for mobility of teachers with mentoring functions at the University; b) mobility of teachers say procedures with other functions in the University; c) modalities for the implementation of training activities at the schools and support functions of school activities by teachers in training. 2. For current employees, enrolled in undergraduate or graduate schools, should be provided for specific modes of articulation of working time and the use of paid study permits to allow frequency. Newly recruited staff training is achieved in particular by means of training courses are managed within the networks of school based programs defined by the administration. LAW 11/19/1990, # 341. Art. 1. University degrees 1. The University released the following titles: a) University degree (du); b) degree (dl); c) postgraduate diploma (ds); d) PhD (dr). Art. 2. University Diploma (omitted) ART. 3 degree 1. The degree course takes place in the medical school, has a duration of not less than four and not more than six years and is intended to provide students with adequate knowledge of methods and cultural content, scientific and professional level. 2. A specific degree program, divided into two addresses, it's preordained to cultural and professional training of teachers of kindergarten and elementary school, in relation to the rules of its legal status. The Bachelor's degree is necessary title, depending on the address below, for the purpose of admission to the competitions in places of instruction in kindergarten and in elementary school. The degree of guideline for cultural and professional training of elementary school teachers is also necessary title for admission to competitions for access to positions of tutor or governess in the educational institutions of the State. Contests have an enabling function. The two addresses degree help the departments concerned; for the operation of these courses are used the facilities and, with their consent, professors and researchers of all faculty at which the required skills are available. 3. Within two years from the date of entry into force of this Act, by Decree of the President of the Republic, after consideration by the Council of Ministers upon proposal by the Minister for universities and scientific and technological research on the assent of the National University Council (Cun), in consultation with the Minister of education, in consultation with the National Council of education (Cnpi), acquired the opinion of the State Council , the table is defined in the degree program and specifying method and content, including educational training activities. The Ministers of the University and scientific and technological research and education have recourse to the Commission referred to in article 4, paragraph five, May 9, 1989, law n. to this end, 168, integrated by experts in issues of undergraduate and graduate school referred to in article 4, second paragraph, of this law. 4. The Decree of the President of the Republic as per paragraph third contains also, policies for the training of teachers by the region of Valle d'Aosta in order to adapt it to the particular situations of bilingualism provided for in articles 38, 39 and 40 of the staff regulations special. Special agreements can be concluded by the region of Valle d'Aosta, in agreement with the Ministry of University and scientific and technological research and education, with universities and with those of French linguistic area. 5. conventions for German teachers, schools in Slovene and Ladin locations may be stipulated by the autonomous provinces of Trento and Bolzano and the region of Friuli Venezia Giulia, in agreement with the Ministry of University and scientific and technological research and education, with universities, with those of the German linguistic area countries and with those in Slovenia. 6. The same Decree of the President of the Republic as per paragraph third or other decree adopted by the same method, together also with the Ministers of Justice and for civil service and with the other ministers concerned, professional profiles are identified for which, subject to any appropriate additions and complete their degree as per paragraph according to it's a valid title to the exercise of the corresponding activities as well as the civil service for which the functional qualifications Bachelor's degree constitutes title to access. 7. According to paragraph degree programs are activated in the academic year following the enactment of the Decree of the President of the Republic as per paragraph third. 8. By order of the Minister of education, issued jointly with the Ministers for public administration and Treasury within one year from the date of entry into force of this law, are established the timing and modalities for the gradual transition to the new system, including with regard to rights of preschool and elementary school teachers in service. Art. 4. Diploma 1. The postgraduate diploma is achieved, after graduation, at the end of a course of study of not less than two years designed to train specialists in certain professional sectors, specialisation schools referred to in the Decree of the President of the Republic March 10, 1982, # 162. 2. With a specific graduate school includes addresses, they contribute the faculties and the departments concerned, and in particular the current faculty of education, the University will provide training, including through educational training activities, teachers of secondary schools, provided for by the rules of its legal status. The final examination for obtaining the diploma has the value of State examination and enables teaching to the subject areas covered by the related graduate degrees. The diplomas awarded by the graduate school are admission to the corresponding title contests in places of instruction in secondary schools. 3. By Decree of the President of the Republic, to be taken within the period and with the modalities referred to in article 3, third paragraph, are defined the table of the school of specialization in the teaching of the second paragraph of this article, the duration of the courses to be fixed over a period of not less than one year and its curricula. These should include disciplines aimed at professional preparation with regard to methodological and didactic education and deepening of subject areas concerned and educational training activities required. By Decree of the Minister for universities and scientific and technological research, issued in consultation with the Minister of education, established the criteria for admission to the Graduate School of education and the method of carrying out the final exam. Also apply the provisions of article 3, paragraphs seven and eight. 4. The same Decree of the President of the Republic as per paragraph third or other decree adopted with the same modalities, in consultation also with the Ministers of Justice and for civil service, graduate diplomas are determined as per paragraph according to which in relation to specific occupational profiles give title to participation in the qualifying examination for the exercise of the relevant professions or damage title for access to management in the public service. (omitted) Law No 315 of 3.8.1998 ART. 1.1. Authorized spending: a) of 36 billion pounds for the 1998, 1999 and 82.8 billion lire lire 89.4 billion from 2000, aimed at increasing the amount of grants for doctoral course attendance, according to measurements and criteria determined by Decree of the Minister for universities and scientific and technological research, assuring even Since January 1, 1999, the application to the aforementioned bags the provisions laid down in article 26, paragraph 2, first sentence, of the Act August 8, 1995, n. 335, as referred to in article 59, paragraph 16, of law December 27, 1997, # 449, as amended b 1.170 billion lire) for each of the years 1998, 1999 and 2000, to cover costs of activities for the selection and evaluation of University research projects of national interest, as well as by the award of compensation to the members of the Special Committee of guarantee and to other persons in charge of these activities. The amount of compensation is determined by Decree of the Minister for universities and scientific and technological research; c) 2.8 billion lire for the 1998, 1999 and 1 billion lire for the 1 billion lire for 2000, aimed to the operation of special scientific institutes and for the purchase, renewal and educational equipment rental; d 1.830 billion lire for the 1998), livres 3.830 3.830 billion lire for 1999 and billions since 2000, to establish a Fund of scientific and technological research, to be committed by decrees of the Minister for universities and scientific and technological research from the Fund and within the limits of availability referred to in this paragraph shall cover costs for the functioning of organisms and support structures in the field of Scientific and technological research, including compensation or benefits for components, for study, survey and detection, information and telecommunication services, counselling, monitoring and evaluation in this area, as well as fixed-term assumptions for the above activities and up to fifteen units, in accordance with current regulations for public administrations; and 4.7 billion lire for the 1998), 5.4 billion lire for 1999 and 2000 for 4.6 billion lire for the project implementation large binocular telescope, with contribution to the Arcetri Astrophysical Observatory; f) 52.5 billion lire for each of the years 1999 and 2000 to refinance the Special Fund for applied research, provided for in article 4 of law no 1089 October 25, 1968, as amended; g) of 38.3 billion lire for the 1998, 1999 and 74.3 billion lire lire 88.3 billion for 2000 for the financing of University research projects of national interest and of great scientific equipment college girls; h) of 1.7 billion pounds for 1998 and 3.2 billion pounds for each of the years 1999 and 2000 for University construction interventions of the politecnico di Torino in Mondovi '; the 5 billion lire) for each of the years 1998, 1999 and 2000, to give to the University of Rome "La Sapienza", aimed at providing assistance for construction works and in particular to the acquisition or restructuring of the branch of Latina and related structures. 2. in article 5, paragraph 2, subparagraph b) of law December 27, 1997, n. 449, the words: "e) and g)" are replaced by the following: "e), with no restriction to the territorial scope for objective 1 of Regulation (EEC) No 2052/88, as amended, as well as g)". 3. The law May 25, 1990, # 126, are made to the following amendments and additions: a) in article 1, paragraph 1, after the words "public property" shall be inserted the following: "or to purchase b) in article 1, paragraph 1", at the beginning of the second period is required in the following words: "if it intends to proceed with the construction of the building," c) in article 2, paragraph 1, after the words : to be realized, are inserted as follows: "or buy" 4. The University may use the teaching staff working in educational institutions, in order to perform supervisory tasks of the training and coordination thereof with other educational activities under graduate courses in primary education and graduate schools for teaching in secondary schools. The terms of use of such staff shall be determined by Decree of the Ministry of education, in the limit of a burden on the State budget on the expenditure for replacement teachers exempted, 8 billion lire for the 1998, 1999 and 28.5 billion lire lire 50 billion as from 2000. In the first application of the provisions of this paragraph, these terms are identified in the granting of partial exemptions from duty. Universities, with their provisions, adopt appropriate comparative assessment procedures for finding teachers to use, based on general criteria determined by the Commission under article 4, paragraph 5, of the law May 9, 1989, # 168, and govern the conditions of participation of these teachers to academic bodies. Commissions from universities to provide for comparative assessments are still part components designated by the school administration. 5. For affinity paragraph 4 can be also used, for periods not exceeding five years, teachers and head teachers of the elementary school, at the request of the educational facilities of the degree courses referred to in that paragraph 4 in the limit of the quota provided for in article 456, paragraph 13, of the consolidated text approved by Decree April 16, 1994 , # 297. The uses are arranged with the procedures referred to in paragraph 4 places already available and that you will make these as a result of the application of paragraph 6. 6. The senior staff and teacher of elementary school on the date of entry into force of this Act is assigned to exercises at the chairs of pedagogy and psychology of the University, in accordance with article 5, first paragraph, of the law December 2, 1967, # 1213, ceases from that position at expiration of the quinquiennio of the assignment span. Are repealed the provisions of law No. 1213 of 1967 incompatible with this law. 7. in article 17, paragraph 117 of the Act May 15, 1997, # 127, after the words "academies of fine arts" are inserted as follows: "of colleges per le industrie artistiche". 8. Article 4 of law No 341, November 19, 1990 and subsequent amendments, after the comma is inserted as follows: "2 2-bis. the provisions referred to in article 3, paragraph 8. " Art. 2.1. The burden resulting from the implementation of the provisions referred to in article 1, paragraph 1, point a), b), c) and d) for the years 1998-2000, amounted to 41.8 billion lire for the year 1998, 88.8 billion lire for the year 1999 and 95.4 billion lire for the year 2000 is provided through a corresponding reduction of the allocation provided for the three-year budget 1998-2000, as part of the basic current forecast "Special Fund" of the estimate of the Treasury, budget and economic planning for the financial year 1998 in order using the provision concerning the Ministry of University and scientific and technological research. 2. The burden resulting from the implementation of the provisions referred to in article 1, paragraph 1, letter e), f), g), h) and for the period 1998-2000), amounted to 49.7 billion lire for the year 1998, 140.4 billion lire for the year 1999 and 153.6 billion lire for the year 2000 is provided through a corresponding reduction of the allocation provided for the three-year budget 1998-2000, under the provisional capital base unit "Special Fund" of the estimate of the Treasury of budget and economic planning for the financial year 1998 in order using the provision concerning the Ministry of University and scientific and technological research. 3. The burden resulting from the implementation of the provisions referred to in article 1, paragraph 4, for the triennium 1998-2000, amounting to 8 billion lire for the year 1998, 28.5 billion lire for the year 1999 and 50 billion lire for the year 2000, with corresponding reduction of the allocation provided for the three-year budget 1998-2000, as part of the basic current forecast "Special Fund" of the estimate of the Treasury of budget and economic planning for the financial year 1998 in order using partially the provision concerning the Ministry of education. 4 the Secretary of the Treasury, budget and economic planning is authorized to make any necessary changes with its decrees, budget. (omitted) Art. TERRITORIAL mobility, professional and INTERCOMPARTIMENTALE 15-1. Professional mobility will be encouraged school personnel not only to overcome or prevent the overshoot, but also to enhance the experience gained by the staff and to support the exchange of experiences in the education system and of the public work. The criteria and modalities for implementing the territorial mobility, professional and intercompartimentale of the staff referred to in this agreement are defined in national bargaining. 2. It will be defined methods and criteria for the annual periodic audits on the effects of territorial mobility-related institutions in order to make national bargaining with the consequent adaptations of these institutes annual decentralised. 3. in the same way you will proceed for trading on the utilization of staff. 4. in support of innovation processes, which require a dynamic balance between the needs of the school system and expectations of staff, professional mobility and is aimed at: a) promote reuse and enhancement of professionalism in existence; b) encouraging professional mobility for the purposes of the reabsorption of excess staff. What can you accomplish even through specific training courses:-rehabilitation and retraining aimed at assigning job vacancies; -reimbursement of expenses, to be paid in a lump sum, to measure the actual courses; -flat-rate allowance resettlement; -encouragement to the attainment of educational qualifications and the integration of academic courses, relevant for the purpose of reuse. 5. professional mobility in question within the scope of the Fund is carried out on the basis of the forecast of the professional resources required through the scheduling of training, retraining and retooling in provincial or regional scope, revolt, with priority, personnel belonging to classes of competition, subject areas, roles, areas and job profiles in situation of redundancy. It is ensured the necessary information to the staff for the full exercise of the right to education. 6. The staff who attended the courses referred to in the preceding paragraph with a required title is required to accept the seat assigned to you, upon request or ex officio, the mobility procedure with regard to the type of seat or Chair for which he studied. 7. training, requalification and retraining above and is also oriented towards the needs emerging from the implementation of school autonomy, with the identification of specific expertise and innovative professional profiles linked to the development of lifelong education and adult education, to strengthen the research, testing, documentation and updating of education, prevention and recovery training school dropouts and failures, the expansion of post-secondary education and training as well as to the strengthening of the organizational and administrative efficiency of educational institutions. 8. for the purposes referred to in paragraph 7, the restatement of posts of the staff will be made by the Ministry of education, by providing, without additional charge in the total expenditure at the level of individual schools, school networks or sub-provincial territorial areas, organic functional facilities to the support and development of school autonomy, without prejudice to the ATA staff by article 36 , paragraph 5. 9. On the basis of agreements promoted by the Ministry of education with other ministries and public bodies in question shall be intercompartimentale mobility, subject to definition, in national bargaining, criteria and methods for the identification of staff to be transferred; Immunohistochemistry bargaining is also the method of information on positions available and the associated aspects of pay, on resettlement allowance and reimbursement of moving expenses incurred. 10. With regard to the staff who have received professional mobility paths even following bankruptcy proceedings and apply the Institute of returning to the role of source, out of place available in this role in question or, in the case of verified work fails, ex officio. They are, however, subject to the rules of the trial run, where provided, as well as to the competence of individual organs or college which is charged with the formulation of advice required and the adoption of subsequent measures. 11. pursuant to article 56 of Legislative Decree No. 29/1993 as amended by article 25 of Legislative Decree No. 80/1998, teachers used at his own request or ex officio, in other type of Chair or place, is entitled to any salary higher than that of title, expected for this type of Chair or place. The increased remuneration is paid for the period of use, corresponding to that which would have title if he had obtained the passage to the Chair or place of use. In case of partial use, the payment will take place in proportional relationship with the weekly timetable. Art. 16-PROFESSIONAL PROGRESSION To school staff is assigned a salary differential wage positions. Switching between a position salary brackets and the other can be acquired at the end of the periods laid down by the table and, on the basis of ascertained useful fulfilment of all the obligations inherent in the function. The service is rendered effectively if the employee, during the vesting period of the position salary brackets, is not made definitive disciplinary sanctions involving suspension from service; otherwise apply article 27, paragraph 3, point a) and b) of the NATIONAL CONTRACT signed on 8/4/95. Art. 17-STREAMLINING BUREAUCRACY within the national bargaining will be determined the criteria for activating national projects:-the monitoring and recovery of arrears concerning the legal and economic status measures; -the establishment of a computerized personal transcript upgradeable, containing all data concerning the career, the professional titles and emoluments of the data subject to retirement. Art. 18-equal opportunities 1. In order to allow a real gender equality, it established, within the Ministry of education, the equal opportunity with the task of proposing appropriate measures to create conditions of equal opportunity, in accordance with the principles defined by law no April 10, 1991. 125, with particular reference to art. 1. the Committee consists of a person designated by each signatory of this sector trade unions NATIONAL LABOR AGREEMENTS and an equal number of representatives of the administration. The Chairman of the Committee is appointed by the Minister of education and shall designate a Vice President. For every actual component there is an alternate component. 2. the Committee shall have the following tasks: a) collection of data relating to matters within its competence, that the Administration is required to provide; b) proposals regarding the same themes for the purpose of bargaining; c) promoting initiatives aimed at implementing EU directives for the statement on the work of the equal dignity of persons as well as to achieve positive action, under law No 125/1991. 3. in the context of varying degrees of labour relations must be after hearing the proposals made by the Committee for equal opportunities, for each of the following subjects, in order to provide for measures that promote effective equality in working conditions and professional development of women workers:-targeted training of staff on the culture of equal opportunities in the area of formation, with particular reference to projects for educational guidance the reformulation of teaching content, to overcome stereotypes in textbooks, policies of reform; -positive action, with particular reference to conditions of access to training courses and the devolution of responsibilities or functions more qualified; -measures to prevent or to punish sexual harassment and discriminatory practices in General; -flexibility of working hours; -use of part-time; -mobility processes. 4. The directors shall ensure the operation of the Committee and provides all the tools and resources necessary for it to function in accordance with art. 17 of Legislative Decree No 387 October 29, 1998. In particular, values and spread by any means, in the workplace, the results of the work carried out by the same. The Committee shall carry out an annual report on the working conditions of the school, of which should be given maximum publicity. 5. the Committee for equal opportunities shall hold office for a term of four years and still until the establishment of the new. The members of the Committee may be renewed in the post for only one term. 6. at the level of school administration at the request of the provincial unions to bargaining, special committees may be set up within 60 days after the entry into force of this agreement, with composition and tasks similar to the national one of which must be ensured by the operation of the supervisors to the studies. The President is appointed by the administrator to the studies. LAW 4/10/1991, # 125 ART. 1.1. The provisions. This Act are intended to promote the employment of women and to achieve substantive equality between women and men at work, including through the adoption of measures, called positive action for women, in order to remove the obstacles that impede the realization of equal opportunities. 2. The measures referred to in paragraph 1 shall, in particular, the purpose of: a) eliminate the disparity in fact to which women are subject in basic education and professional training, in access to employment, in career advancement, in working life and in periods of mobility; b) support the diversification of career choices of women especially through educational and vocational guidance and training tools; facilitate access to self-employment and entrepreneurial training and qualification of self-employed women and women entrepreneurs; c) overcome conditions, organisation and distribution of work that cause different effects, according to sex, towards employees with injury in training, professional and career advancement or emoluments and remuneration; d) promote the inclusion of women in business, professional sectors and levels in which they are underrepresented, and especially in technologically advanced sectors and levels of responsibility; e) to facilitate, including through a different work organization, conditions and working hours, balance between family and professional responsibilities and a better distribution of these responsibilities between the two sexes. 3. The measures referred to in paragraphs 1 and 2 may be promoted by the Committee referred to in article 5 and the Councillors of equality referred to in article 8, by the centres for equality and equal opportunities at national, local and enterprise, however denominated, by public and private employers, vocational training centres, national and regional trade unions even on a proposal of the company or staff representative bodies unions referred to in article 25 of the law March 29, 1983, # 93. Art. 2 Implementation of affirmative action, funding 1. Businesses, including cooperative, associations, public organizations, associations, trade unions and vocational training centers that adopt positive action plans referred to in article 1, may apply to the Ministry of labour and social security to be eligible for the full or partial refund of financial expenses related to the implementation of these projects except those referred to in article 3. 2. the Minister of labour and social security, after consulting the Committee referred to in article 5, admits positive action projects to benefit referred to in paragraph 1 and, with the same measure, authorizing the related expenses. The implementation of the projects referred to in paragraph 1 must be initiated within two months of the granting of the authorization. 3. by decree issued by the Minister of labour and social security, in consultation with the Secretary of the Treasury, shall be laid down the terms for the submission of requests, disbursement of funds and project implementation time. In any case, contributions must be paid on the basis of the review of the implementation of the project of affirmative action, or of individual parts, depending on the complexity of the project. Failure to carry out the project entails the forfeiture of benefit and refund any amounts already collected. In case of partial implementation, decadence opera only part not implemented, whose evaluation is made on the basis of the criteria determined by the decree referred to in this paragraph. 4. positive action projects agreed by the employers with the most representative trade unions at national level will take precedence in accessing the benefit referred to in paragraph 1. 5. access to Community funds intended for the implementation of affirmative action programmes or projects, except those referred to in article 3, and is subject to the opinion of the Committee referred to in article 5. 6. within one year from the date of entry into force of this law the State administrations, to independent sort, regions, provinces, municipalities and all local authorities not economic, national, regional and local staff representative bodies felt as referred to in article 25 of the law March 29, 1983, n. 93, or failing that, local members of the most representative trade unions confederations domestically heard also in relation to the scope of its activities, the Committee referred to in article 5 or the Councillor of equality referred to in article 8, shall take affirmative action plans aimed at ensuring, in their respective field, removing obstacles that , prevent the full realization of equal employment opportunities and employment for women and men. Art. 3 financing of positive actions implemented by means of vocational training. 1. The financing of training projects aimed at achieving the objective set out in article 1, paragraph 1, approved in accordance with the procedures laid down in articles 25, 26 and 27 December 21, 1978, law No. 845, and adopted by the European Social Fund, it is meant a revolving fund established under article 25 of the Act, determined annually by resolution of the Interministerial Committee for economic planning. In the first application the above quote is granted to the extent of ten per cent. 2. Finalization of training projects to achieve the objective described in article 1, paragraph 1, by 31 March of the year is established in which the initiative is to be implemented, the regional employment Commission. The deadline, the aforementioned assessment provides the Committee referred to in article 5. 3. the share of revolving fund pursuant to subsection 1 is allocated to regions in proportion to the amount of the contributions required for approved projects. Art. 4 court proceedings 1. Constitute discrimination under law December 9, 1977, n. 903, any act or behaviour that produces a prejudicial effect discriminating even indirectly workers on grounds of sex. 2. Constitutes indirect discrimination any injurious treatment resulting from the adoption of policies that disadvantage so proportionately greater workers of either sex and relate non-essential requirements for the performance of work activities. 3. In the open competitions and selection forms implemented by private and public companies requested must be accompanied by the words "of either sex", except in cases where the reference to sex is essential to the nature of the work or performance. 4. Those who intend to take legal action for the Declaration of discrimination within the meaning of paragraphs 1 and 2 and does not consider to make use of conciliation procedures provided for by collective agreements, can promote the attempt at conciliation under article 410 of the code of civil procedure also by Councillor of equality referred to in article 8, paragraph 2, jurisdiction. 5. When the applicant provides evidence-based statistical data also related to recruitment, salary schemes, the allocation of duties and qualifications, transfer, career progression and redundancies-suitable to found, in precise terms and consistent evidence, the presumption of the existence of acts or discrimination on grounds of sex, it is up to the defendant to prove the absence of discrimination. 6. If the employer carries out an act or discriminatory behaviour of collective character, even when they can be so immediate and direct the workers affected by discrimination, the action can be brought by equality established at regional, non-binding opinion of the Board of inquiry referred to in article 7, to be attached to the application itself , and in consultation with the regional employment Commission. Unnecessarily course 30 days from the request of the opinion to the Board of inquiry, the appeal can be proposed. 7. the Court in its judgment in finding that discrimination on the grounds of the appeal filed under subsection 6, order the employer to designate, after consultation with the company trade unions or, in their absence, local unions adhering to the most representative trade unions at the national level, as well as regional councillor for equality ' jurisdiction, a plan for removal of discrimination. In its judgment, the Court shall set a deadline for the plan. 8. In the event of non-compliance with the judgment referred to in paragraph 7, article 650 of the penal code invoked by article 15 of law December 9, 1977, # 903. 9. any finding of discriminatory conduct or acts pursuant to paragraphs 1 and 2, imposed by contractors to whom they have been granted benefits under the law of the State, or who have concluded contracts relating to the execution of public works, services or supplies, shall be communicated immediately by the labour inspectorate to Ministers in whose administrations have been disposed receive the benefit or the contract. These shall take appropriate decisions, including, where necessary, to withdraw the benefit and, in the most serious cases or in the event of a repeat offence, may decide to exclude the charge for a period of up to two years from any further granting of financial relief or credit or any contract. This provision shall also apply in the case of credit or financial incentives or contracts awarded by public bodies, to which the Labour Inspectorate notifies directly discrimination ensured for the adoption of sanctions. 10. Stay right as provided in article 15 of the law December 9, 1977. Art. 5 the National Committee for the implementation of the principles of equal treatment and equality of opportunity between men and women workers. 1. in order to promote the removal of discriminatory behaviour by gender and any other obstacle which limits in fact women's equality in access to employment and the workplace and professional and career progression is established at the Ministry of labor and social security, the National Committee for the implementation of the principles of equal treatment and equality of opportunity between men and women workers. 2. Are part of the Committee: a) the Minister of labour and social security or, for his delegation, an Undersecretary of State, acts as Chairman; b) five members appointed by the most representative workers ' trade union confederations at national level; c) five members appointed by the trade union confederations of employers of various economic sectors, most representative at the national level; d) a component designated jointly by associations representing, assisting and protecting the co-operative movement more representative at national level; e) Eleven members appointed by the most representative associations and women's movements at the national level working in the field of equality and equal opportunity in employment; f) the Councillor of equality Central Commission employment component. 3. also participating in the meetings of the Committee without voting rights: a) are experts in legal, economic and sociological, with expertise in labour matters; b) five representatives of the ministries of education, justice, Foreign Affairs, industry, Commerce and crafts, of the Department of civil service; c) five officials of the Ministry of labour and social security with qualification not inferior to that of first officer, on behalf of the Directorates-General for employment, labour relations, the labour market Observatory of the social security and social assistance as well as the Central Office for the orientation and training of workers. 4. The members of the Committee remain in Office for three years and are appointed by the Minister of labour and social security, for every actual component is named an alternate. 5. The Committee is convened, as well as that of the Minister of labour and social security, when requested by half plus one of its members. 6. the Committee shall act in order to operate and to that of the Board of inquiry and of the technical secretariat referred to in article 7, as well as the associated costs. 7. The Vice-Chairman of the Committee is appointed by the Minister of labour and social security in the context of its components. Art. 6 tasks of the Committee 1. To achieve the purposes referred to in article 5, paragraph 1, the Committee shall take any useful initiative and in particular: a) makes proposals on general issues relating to the implementation of the objectives of equality and equal opportunity, as well as for the development and improvement of existing legislation that directly affects the working conditions of women; b) inform and sensitize public opinion on the need to promote equality of opportunity for women in education and working life; c) promotes the adoption of positive action of public institutions responsible for labour market policy, as well as by the person referred to in article 2; d) expresses, by majority opinion on the financing of the projects of positive action and operates the control over projects in progress, ensuring the proper implementation and the final outcome; o) draw up codes of conduct intended to specify the rules of conduct compliant with equality and to identify indirect discrimination also manifestations; f) check the status of implementation of the legislation in force in the field of equality; g) offers solutions to collective disputes, even directing interested parties to adopt positive action plans for the removal of existing discrimination and creating equal opportunities for women; h) can ask the labour inspectorate to acquire at the workplace information about male and female employment situation in relation to the status of recruitment, training and promotion; s) promotes an adequate representation of women in national and local public bodies competent in the field of employment and vocational training; l) shall draw up the report referred to in article 10. Art. 7 preliminary College and technical secretariat 1. For the instruction of legal instruments relating to the identification and removal of discrimination and for the drafting of opinions by the Committee referred to in article 5 and the directors of equality, it established a Board of inquiry composed: a) the Vice-Chairman of the Committee referred to in article 5, as Chairperson; b) a magistrate designated by the Ministry of justice among those who perform functions as judge; c) top executive role of the Labour Inspectorate; d) experts referred to in article 5, paragraph 3, point a); e) equal Adviser referred to in article 8, paragraph 4. 2. where necessary for the needs of the Office, the members referred to in points b and c) of subparagraph 1), at the request of the Committee referred to in article 5 may be elevated in two. 3. in order to provide for the administrative management and technical support of the Committee and the Board of inquiry is established the technical secretariat. It has enforcement duties under the chairmanship of the Committee and is composed of staff from various Directorates-General of the Ministry of labor and social security, coordinated by a General Director of the same Ministry. The composition of the technical secretariat is determined by Decree of the Minister of labour and social security, after consulting the Committee. 4. the Committee has the power to deliberate in order to conclude agreements for the conduct of studies and research. Art. 8 members in equal 1. The Councillors of equality referred to in Decree-Law October 30, 1984, # 726 December 19, 1984, converted, with amendments, by law, no. 863, are components in all respects of the respective regional commissions. 2. At the provincial level was appointed a Councillor of equality at the District Committee for employment that is based in the provincial capital, with faculty to intervene with other territorial employment committees operating within the same province. 3. The Councillors of equality referred to in paragraphs 1 and 2 shall be appointed by the Minister of labor and social security on the nomination of the competent authority of the regions, after hearing the most representative trade unions at national level and must be chosen from among persons who have professional experience of at least three years duration in matters relating to the terms of this Act. 4. the hearing of equality referred to in article 4, paragraph 2, of law February 28, 1987, # 56, he is a member of the Central Commission for use with deliberative vote. 5. If you determine equality of votes in the committees referred to in paragraphs 1, 2 and 4, the vote of the President. 6. in addition to the tasks assigned to them by law within the competence of the district, regional and central committees, the members in the same place every useful initiative for the realization of the purposes of this Act. In exercising the duties devolved upon them, the directors of equality are civil servants and are required to report to the judicial authorities for the crimes of which they become aware in the performance of those functions. The Councillors of equality, at their respective levels, are components of bodies as equality at local regional and provincial authorities. 7. in order to fulfil its tasks the Councillors of equality may require the labour inspectorate to acquire at the workplace information about male and female employment situation in relation to the status of recruitment, training and promotion. 8. The Councillors of equality referred to in paragraph 2 and those regional authorities to the territory, without prejudice to the legal proceedings referred to in article 4, paragraph 6, have right to take legal action both in the proceedings before the magistrate in the Labour Court that function before the regional administrative court on behalf of the worker or to intervene in actions promoted by it pursuant to article 4. 9. The Councillors of equality receive communications about the addresses by the Committee referred to in article 5 and make it report relating to their activity. The Councillors of equality their right to be consulted and the national equality Advisor on any matter deemed useful. 10. The Councillors of equality referred to in paragraphs 1, 2 and 4, for the exercise of their functions, are domiciled respectively at the Regional Office of labour and maximum occupancy, the provincial Department of labor and employment and maximum at a Directorate-General of the Ministry of labor and social security. These offices provide the venue, equipment, staff and what is necessary for the performance of functions of Councillors of equality. The Minister of labor and social security, by Decree, you can change the placement of the Councillor of equality within the Ministry. 11. in addition to the daily token presence for participating in district, regional and Central Committee meetings, the directors of a tie tokens of the same amount for the days of actual presence in homes where they are domiciled in their Office within a maximum limit fixed annually by Decree of the Minister of labour and social security. The burden on complains to the budget of the Ministry of labor and social security. 12. the hearing of equality is entitled, if employed, unpaid allowances for the fulfilment of its mandate. When wishing to exercise this right, you must give written notice to the employer, usually three days earlier. Art. 9 report on the situation of staff 1. Public and private companies employing more than 100 employees are required to report at least every two years on the situation of male and female staff in each of the professions and in relation to the status of recruitment, training, professional promotion, category or qualification steps, other phenomena of mobility, the redundancy , layoffs, early retirement and retirement, salary actually paid. 2. The report referred to in paragraph 1 is transmitted to the company and Union representatives to the regional councillor of equality. 3. The first report shall be drawn up within one year from the date of entry into force of this Act, pursuant to directions defined, within the specifications referred to in paragraph 1, the Minister of labor and social security, by decree to be issued within three months from the date of entry into force of this Act. 4. If, within the prescribed period, the companies referred to in paragraph 1 do not broadcast the report, regional labour inspectorate, after reporting person referred to in paragraph 2, calls on companies to provide within 60 days. In case of failure to apply the penalties provided for in article 11 of the Decree of the President of the Republic March 19, 1955, # 520. In the most serious cases can be placed the suspension for a year of contributory benefits eventually enjoyed by the company. Art. 10 report to Parliament 1. Two years after the date of entry into force of this Act, the Minister of labor and social security, within 30 days, reports to the competent committees of the Senate and the House of representatives on the implementation of the law, on the basis of a report drawn up by the Committee referred to in article 5. Art. 11 1. For the functioning of the organs referred to in articles 5 and 7, as from 1991, authorized spending lire 1000 million annually for funding assistance provided for in article 2 is authorised, with effect from 1991, the expense of 9000 million lire per year. 2. The burden of the years 1991-1993 10000 million lire per year is provided through a corresponding reduction of the allocation provided for the three-year budget 1991-1993, 6856 chapter of the estimate of the Treasury for the year 1991 using the provision "funding of the National Committee for equality, Ministry and positive action for equal opportunity". 3. The Secretary of the Treasury is authorized to make any necessary changes with its decrees, budget. LEGISLATIVE DECREE No 387 10/29/1998 ART. 17 1. In article 61, paragraph 1, of Legislative Decree No 29 February 3, 1993, under b) the words "equal dignity" are replaced by the following: "equal opportunities". 2. in article 61, paragraph 1, of legislative decree 3 July 3, # 29, the letter c), the following words shall be added at the end: "adopting appropriate organizational modalities to foster their participation, allowing the conciliation between professional and family life;" 3. In paragraph 1 of article 61 of Legislative Decree No 29 February 3, 1993, it added the following "d) can finance programmes of positive action and equal opportunities committees activity within their own budgetary availability". 4. in article 61, paragraph 2, of legislative decree February 3, 1993, # 29, the words shall be deleted from "subject" to "national" and the word "community" is replaced by the word "Union".
Chapter IV-section I-school heads area regulations ART. 19-responsibilities of the HEAD of the INSTITUTE 1. The head of the Institute participates and contributes to the development of school autonomy going to the 9-1-2000 regime. In the discounting of contractual provisions will be unified and included in a separate area all discipline standards for school leaders. This contract will be implemented by the specific sequence 3/30/2000. In the current transitional phase the school heads will exercise its functions with a view to the entrance of the educational institutions in the regime of autonomy provided by law by exploiting the knowledge acquired in the courses required by Legislative Decree 59/1998. In anticipation of the phasing-in of the school autonomy under art. 21 of law No 59/97 will be commenced within the 3/30/2000 a special negotiating session on the full implementation of the school leadership. 2. the head of the Institute ensures the unified management of the educational institution and finalizes the objective of quality of educational processes by providing the tools of piano dell'offerta formativa. 3. The head teacher in relation to organizational structure following the piano dell'offerta formativa of educational institution organizes its presence and their working time according to the criteria of flexibility in relation to the requirements to perform the duties of competence. The head teacher assures a regular presence of 36 hours a week, also on a weekly award. 4. The head teacher can make use, in carrying out its organizational and managerial functions, the collaboration of teachers he identified on the basis of existing legislation. The choice is made, without prejudice to the fiduciary nature of the task related to the outcome of the assignment responsibility himself, according to criteria of efficiency and effectiveness in service. 5. In relation to General and organizational aspects relating to the specific plan for implementation of the training offer, the head teacher, before the start of the school year shall consult the Chief Administrative Officer and, after calling a special meeting, informs the staff ATA. 6. In reference to paragraph 2 of art. 33 of CCNL 8/4/95 modalities procedures and remuneration relating to the conferment of assignments are the subject of national bargaining. The same assignments will be the subject of prior information trade unions to give them part of the NATIONAL CONTRACT management levels. Art. 20-assessment of the HEAD of the INSTITUTE 1. The activities of the head teacher and is subject to regular evaluation. Pending the full implementation of the provisions of art. 25 bis, paragraph 1 of Legislative Decree No 29 February 3, 1993, as supplemented by Legislative Decree March 6, 1998, # 59, the assessment will be made by an evaluation team to be set up within three months of signing this agreement and by making functional within the 9/1/1999. This core will be instituted on an experimental basis at regional school administration with the modalities indicated in art. 25 bis, paragraph 1. When bargaining will define the modalities, content and procedures in case of failure of the evaluation. 2. With regard to the implementation of the provisions of paragraph 1, shall be abolished, against school heads, the reports and the annual overall judgement provided by law. LEGISLATIVE DECREE 3 JULY 1993, # 29 ART. 25 bis 1. Within the school administration device management qualification for school heads responsible for scholarly and educational institutions to whom it was attributed legal personality and autonomy pursuant to article 21 of the law March 15, 1997, # 59. School leaders are hired through the roles of regional dimension and meet, for the purposes of article 20, concerning the results, which are evaluated taking into account the specificity of functions P on the basis of the checks carried out by an evaluation team set up at the regional school administration, chaired by a Director and composed of experts outside the Administration itself. 2. The headteacher provides unified management of the institution, it is the legal representative, is responsible for the management of financial resources and instruments and the results of the service. Respecting the responsibilities of the collective bodies, are the responsibility of the head teacher autonomous powers of direction, coordination and development of human resources. In particular the head teacher organizes the school activities with efficiency and effectiveness of formation and holder of labour relations. 3. in exercising the powers referred to in paragraph 2 the head teacher promotes interventions to ensure the quality of educational processes and collaboration of cultural, professional, social and economic resources of the territory, for the exercise of freedom of teaching, understood as freedom of research and methodological innovation and educational, for the exercise of freedom of educational choice of families and for the implementation of the right to pupils ' learning. 4. in the context of the functions attributed to educational institutions, it is for the Manager in the measures of resource management and management staff can avail of teachers identified by him, to which may be delegated specific tasks, and is assisted by the Chief Administrative Officer, who oversees, with operational autonomy, within the maximum given directives and of the assigned objectives, administrative services and general services of the educational institution by coordinating its staff. 5. The Director shall submit to the Council at regular intervals of circle or the Board substantiated report on the direction and coordination of educational, organizational and administrative activities in order to ensure the widest information and an effective connection for the exercise of implementing powers of the organs of the educational institution. Art. 21-DIRECTION shall be 1. The heads of the Institute, including those in charge, is entitled to a monthly allowance accessory. The amount will be determined in national bargaining, which will define say increases in relation to the type and size of the institutes. 2. The benefits also competes for Deputy Directors and Deputy Head of the institutes of education, as well as the directors of music conservatories and academies and personnel management. In the event that the head of the Institute is in position of State involving the non-exercise of the directive, the benefits to the same period is paid also to the employee who has replaced, in accordance with current legislation. For educational institutions entrusted in Regency the death gratuity and is paid to the extent of 50% is the head teacher is the teacher vicar in the same educational institution. 3. National bargaining will determine criteria, numerical importance of personal recipient and application for the allocation of an additional allowance to school heads who have passed the checks referred to in article 20. Art. 22-the MOBILITY of SCHOOL HEADS. In order to facilitate the mobility of school heads are defined as follows: a) the mobility of school leaders, respectively proprietors in elementary, middle, in comprehensive schools and in upper secondary school, and territorial; When national bargaining rights may be made to personnel belonging to specific types of the Institute; b) in relation to the new professional profile of school leaders, leading also to training and implementation of the sizing of the school network, the professional mobility of school directors holders of elementary and lower secondary to upper secondary school and vice versa, is done on the basis of minimum requirements to be defined within the national bargaining. It must be confirmed Office mobility provisions assumed in decentralised 1/20/1999 national collective agreement.
Section II-teaching ART. 23-AREA and 1 TEACHER FUNCTION. Paragraphs 4, 5 and 6 of article 38 of the NATIONAL CONTRACT signed on 8/4/1995 I'm so replaced: "4. The teaching function is based on the cultural autonomy and professional teachers; It is expressed in individual and collective activities and participation in the activities of updating and in service training. 5. In implementation of school autonomy teachers, collegiate activities, develop, implement and verify, pedagogical-didactic aspects, il piano dell'offerta formativa, adapting the articulation to the differentiated needs of pupils and taking into account the socio-economic context of reference. 6. The professional profile of teachers consists of methodological and disciplinary competences, pedagogical, educational, relational and organizational-related research, and interacting, which develop with the maturing of the learning experience, the activities of study and systematization of teaching practice. The contents of the professional performance of teachers themselves within the framework of the General objectives pursued by the national system of education and in the respect of the addresses set forth in piano dell'offerta formativa school. " 2. paragraphs 7 and 8 of that article 38 of the CCNL 4.8.1995 are deleted. Art. 24-ORGANIZATIONAL modalities for the exercise of the FUNCTION 1 TEACHER. Educational institutions shall take all organizational mode that is an expression of autonomy project and is consistent with the General and specific objectives of each type and field of study, taking care of the promotion and support of innovation processes and the improvement of academic programs. 2. In respect of freedom of instruction, the competent bodies of educational institutions regulate the conduct of educational activities in the way most appropriate to the type of studies and to the rhythms of student learning. For this purpose may take the forms of flexibility provided for in the regulation on educational and organizational autonomy of educational institutions referred to in article 21 of law No. 59 of March 15, 1997-and, in particular, article 4 of that regulation, taking into account the contractual discipline. 3. At this stage, before the implementation of autonomy, starting from 9/1/2000, and the entry into force of the regulation referred to by the same article 21, remains firm discipline of the NATIONAL COLLECTIVE LABOUR AGREEMENT of August 4, 1995, including the rules of authentic interpretation to it mean. From 9/1/2000 and, in any case, to work obligations implemented autonomy of the teaching staff are related and functional requirements as referred to in paragraph 2. Thereof within the 6/30/2000 the parties adapt the provisions of this article in relation to the full implementation of the school autonomy and any additional legislative changes have occurred. Educational institutions that in school year 1998/1999 and 1999/2000 school year are ongoing trials of the autonomy will adopt the framework for business-related obligations as referred to in paragraph 2 project started. 4. the obligations of work of teaching staff are functional to the timetable set by the plan of activities and are intended to carry out activities of teaching and for all further programming activities, planning, research, evaluation and documentation necessary for the effective conduct of the educational processes. To this end the obligations of work of teaching staff include teaching activities and activities necessary for the provision of teaching. Before classes start, the head teacher shall, on the basis of proposals of collective bodies, the annual plan of activities and the resulting commitments of the teaching staff who can provide additional activities. The plan is approved by the Faculty within the framework of the programming of educational activity and in the same way it's edited, throughout the school year, to cope with new demands. 5. paragraph 1 of article 42 of the NATIONAL COLLECTIVE LABOUR AGREEMENT signed on August 4, 1995 that's replaced: "The functional activities to teaching consists of all commitments relating to the anticipated teacher function from the various education systems. It includes all activities, including collegiate, programming, design, research, evaluation, documentation, updates and training, including preparation of the work of collective bodies, participation in meetings and the implementation of decisions taken by those organs. " Law No 59 of 15 MARCH 1997 ART. 21 1. The autonomy of schools and educational institutions fits into the process of realization of autonomy and reorganization of the entire education system. Contribute to the implementation of the autonomy of educational institutions, Central and peripheral administration functions of education education service management unit and national levels, without prejudice to the enjoyment of the right to education and the elements common to the entire public school system on the management and programming defined by, shall be progressively allocated to educational institutions by putting in place for this purpose also the extension to teaching middle school clubs, schools and secondary education institutions, legal personality of technical and vocational schools and art institutions and expanding autonomy for all types of higher education institutions, even notwithstanding the accounting regulations of the State. The provisions of this article shall also apply in respect of educational institutions, taking into account their institutional specificity. 2. for the purposes of the provisions in paragraph 1, with one or more regulations to be adopted in accordance with article 17, paragraph 2, of law August 23, 1988, # 400, within nine months from the date of entry into force of this law, on the basis of general criteria and guiding principles contained in paragraphs 3, 4, 5, 7, 8 , 9, 10 and 11 of this article. Settlement schemes is acquired at the same time the opinion of the State Council, the opinion of the competent parliamentary committees. After 60 days of the request for an opinion to the Commission, a regulation may still be issued. These regulations are dictated provisions to harmonize the standards referred to in Article 355 of the consolidated text approved by Decree April 16, 1994, # 297, with the provisions of this law. 3. The size requirements for the attribution of legal personality and autonomy to educational institutions as per paragraph 1, also among them with a view to ensuring unified users an easier use of the education service, and dimensional derogations in relation to particular territorial or environmental situations are identified in relation to the needs and the diversity of local situations and the type of education within the school. The exceptions are automatically granted to the provinces, whose territory is for at least one third, in which State and provincial roads conditions are uncomfortable and when there is a disturbance and rarefaction of settlements. 4. The legal personality and autonomy are attributed to educational institutions pursuant to subsection 1 to gradually reach the size requirements pursuant to subsection 3, rated plans of the school network, and in any case not later than December 31, 2000 together with the management of all administrative functions which by their nature can be conducted by autonomous institutions. In any case, the transition to the new regime of autonomy will be accompanied by special staff training initiatives, from an analysis of the territorial, social and economic realities of individual schools to adopt the consequent equalisation and interventions will be made in a gradual ' that enhance the capacity for initiative of the institutions themselves. 5. The budget of educational institutions already possess legal personality and those that acquire under subsection 4 is constituted by the assignment of the State for their administrative operation and education, which is divided into ordinary assignment and allotment equalizing manoeuvre. This budget is attributed without other bond target than that of priority use for the performance of activities of education, training and orientation specific to each type and each school. 6. Are repealed provisions laying down prior authorizations for accepting donations, inheritance and bequests to educational institutions, including colleges of art education, foundations or other institutions having similar aims of education or educational assistance. Are without prejudice to existing provisions of the laws and regulations regarding notice to qualify. About assets and received hereditary for donation are not due taxes applicable to the successions and donations. 7. Educational institutions that have achieved legal personality and autonomy under subsection 1 and educational institutions already equipped with personality and autonomy, after realization also for thread sizing operations referred to in paragraph 4, have organizational and educational autonomy, in line with the objectives of the national education system and national standards. 8. The organizational autonomy is aimed at the realization of flexibility, efficiency and effectiveness of diversification, school, service integration and better use of resources and facilities, the introduction of innovative technologies and coordination with the local context it is expressed freely, even by means of overcoming constraints of hourly unit of the lesson, the class group unitarieta ' and the method of organization and use of teachers According to purpose of optimization of human resources, financial, technological, material and temporal, subject to annual scheduled teaching days at national level, the distribution of the teaching in no less than five days per week, the total annual professors ' service obligations compliance provided for by collective agreements which may be acquitted instead of five days a week on , based on a special programming company. 9. educational autonomy is aimed at pursuing the objectives of the national system of education, while respecting the freedom of education, freedom of choice of education by households and of the right to learn. It is embodied in the free choice and of methodologies, tools, organization and timing of teaching, to be taken in respect of the possible plurality of methodological options, and every initiative that is an expression of freedom of design, including any offer of elective courses, optional, or add-in compliance with the training needs of the students. To this end, based on the provisions of article 71, paragraph 1, of law December 23, 1996, n. 662, are defined criteria for determining the functional organic Institute, subject to the annual total hours scheduled for each mount curriculum and what is expected for each of the disciplines and activities indicated as fundamental to each type or address of studies and the obligation to adopt procedures and verification tools and assessment of educational productivity and achievement of goals. 10. In the exercise of organisational autonomy and educational schools, either individually or in consortium forms, extensions of academic programs providing also training courses for adults, prevention initiatives of abandonment and school dropouts, initiatives for the use of facilities and technologies including out of school, and for siding with workers, national program participation initiatives regional or community, and, within the framework of agreements between regions and the school administration, integrated pathways between different educational systems. Educational institutions autonomy also have independent research, testing and development within the limits of the profitable operation of the educational and organizational autonomy regional institutes of research, testing and educational update, the European Centre of education, the pedagogical documentation and library schools and atypical institutes referred to in part I, title II, chapter III, of the consolidated text approved by Decree April 16, 1994 , n. 297, have reformed as organizations aimed at supporting the autonomy of educational institutions. 11. A regulation adopted pursuant to paragraph 2 are also attributed the legal personality and autonomy at the Academy of fine arts, higher institutions per le industrie artistiche, at the academies of music, drama and dance at the national academies, in accordance with the principles contained in paragraphs 8, 9 and 10 and with the adjustments necessitated by the specificity of these institutions. 12. The universities and educational institutions may enter into agreements to promote research and update activities, school and University orientation. 13. With effect from the date of entry into force of the regulations referred to in paragraphs 2 and 11 are repealed the existing provisions incompatible with them, whose recognition is given to the regulations themselves. The Government's delegate to update and coordinate, within one year from the date of entry into force of these regulations, the provisions of the consolidated text of legislative decree April 16, 1994, # 297, making all subsequent and necessary changes. 14. By order of the Minister of education, in consultation with the Secretary of the Treasury, are issued general instructions for autonomous training budgets, resource allocation, resource management registered therein and for the choice of the custody of Treasury services or cash, as well as the methods of detection of management of educational institutions, including in the implementation of the principles contained in the regulations referred to in paragraph 2. it repealed paragraph 9 of article 4 of the law No 537 December 24, 1993. 15. within one year from the date of entry into force of this law the Government is delegated to issue a decree to reform of collegiate bodies of education of national and peripheral which takes into account the specificity of the independent school sector, enhancing the contribution of the various components and linguistic minorities recognized as well as the specific expertise and skills, in accordance with the following criteria : a) harmonisation of the composition, organization and functions of the new bodies with the competence of Central and local administration as redefined in accordance with articles 12 and 13 as well as with those of autonomous schools; b) rationalization of the organs in accordance with article 12, paragraph 1, letter d); c) Elimination of organizational and functional duplications, according to article 12, paragraph 1, point g); d) enhancement of liaison with local communities in accordance with article 12, paragraph 1, letter i); e) implementation of the provisions laid down in article 59 of Legislative Decree No 29 February 3, 1993, as subsequently amended, in safeguarding the principle of freedom of teaching. 16. In accordance with the principle of freedom of teaching and in connection with the identification of new professional profiles of the teaching staff, without prejudice to the uniqueness of the function, the headmasters is conferred, capacity management together with the acquisition of legal personality and autonomy on the part of individual schools. The content and specificity of managerial qualifications are identified with supplementary Decree the provisions of Legislative Decree No 29 February 3, 1993, as amended, to be issued within one year after the date of entry into force of this law, on the basis of the following criteria: a) foster care, respecting the responsibilities of the collective bodies with autonomous school management tasks coordination and development of human resources, financial and material resources management, with associated responsibilities with regard to results; b) the connection between the tasks provided by paragraph a) and the Organization and responsibilities of school management device, as redefined in accordance with article 13, paragraph 1; c) revision of the system of recruitment for the teaching staff with sufficient seniority, in accordance with the terms laid down in article 28 of Decree No 29 February 3, 1993; d) the attribution of the leadership to school leaders currently in service, assigned to an autonomous educational institution, who attend a special training course. 17. The employment relationship school leaders will be disciplined in the school sector, organized into autonomous collective bargaining areas. 18. The adoption of the regulation referred to in article 13 the reform of the offices of the Ministry of education is achieved by harmonising and coordinating administrative duties and functions attributed to the regions and local authorities in the field of planning and reorganization of the school network. 19. the Minister of education presented to Parliament every four years, at the beginning of the implementation of the autonomy laid down in this article, a report on the results achieved, in order to make any regulatory changes that are necessary. 20. special administrative regions and the autonomous provinces of Trento and Bolzano govern with its law the matter referred to in this article in accordance with and within the limits of its own statutes and its implementing rules. Art. ADDITIONAL activities 25-1. Additional activities consist of additional teaching activities and additional functional activities to teaching. 2. additional activities, for any reason, are approved by the Faculty within the available financial resources in line with the piano dell'offerta formativa. 3. The hourly and the method of allocation of additional activities, including sports, are determined within the national bargaining; the compensation is increased not less than 10%. Where it is not possible to quantify the hourly commitment, you may provide compensation to an extent forfettizzata. 4. The compensation for the additional teaching activity is paid for the hours actually worked up to a maximum of six hours per week. 5. Among the activities functional to teaching are considered additional billable as only those exceeding the limit provided for in art. 42, paragraph 3, point a) of 4-8-1995 NATIONAL COLLECTIVE LABOUR AGREEMENT. 6. the royalty for collaborations in art. 19, paragraph 4 shall be governed by the national integrative bargaining. Art. 26-expansion of academic programs and PROFESSIONAL educational institutions, consistent with the objectives of expansion of academic programs, will provide for the possibility that the teachers carry out educational activities for the public even by adults, in relation to the training needs from from the territory, with the exception of their students regarding the subjects included in the school curriculum. Its deliberations must punctually regulate the conduct of these activities by an indication the regime of responsibility. Art. 27-MULTIPLE COLLABORATIONS teachers can lend its cooperation to other schools, to complete specific projects approved by the appropriate organs, they need to have special skills that are not in the teaching staff of the educational institution. Such collaboration does not involve partial exemptions from teaching in schools of title or service and is authorized by the relevant head teacher. Art. 28-INSTRUMENTAL FUNCTIONS to PIANO Dell'offerta FORMATIVA 1. For the realization of the purposes of the school under the institutional autonomy, the key asset is constituted by professional teachers, heritage to be enhanced to carry out specific functions-objective related to the following areas: managing the plan of training, support the work of teachers, interventions and services for students, training projects in consultation with organizations and institutions outside the school. These functions are identified and allocated by the faculty, in accordance with specific plans of academic programs. The teaching body determines simultaneously and on time, in addition to the functions-objective, professional skills necessary for the pursuit of such functions, parameters, and the cadences for the evaluation of the expected results and the duration of each assignment. The appointment is renewable. The same the teaching styles, also responsible for each function on the basis of the comparative assessment both of proven professional experience acquired both cultural and specific training courses organised by the administration of education or, with regard to the quality of training, supervision by the Administration itself. Establishes the preferred the declared willingness to remain in school for the duration of the assignment. 2. The tasks involving the target functions mentioned in subparagraph 1 supersede previous positions of a similar nature and may not entail total exemptions from teaching. 3. Schools will promptly to the appropriate administrator to studies that will transmit immediately to the Centre referred to in article 12-updated fact sheets regarding the amount and type of tasks conferred on it in order to make the monitoring provided for in that article, also useful to make any changes or additions to the operational criteria adopted in the bargaining. 4. National bargaining determines, within the resources referred to in article 42, paragraph 4, effective 9/1/1999 ancillary remuneration due for the completion of the tasks, the general criteria and operational, as well as providing procedures. In any case the remuneration may not be less than 50% of the bonus pay scheduled for teachers from section 29. The staff in charge cannot exceed the number of 50000 units, save the chance to raise that number in national bargaining when they acquired additional resources specifically allocated to the Institute. 5. The functions referred to in this article is assessed for the purposes of access to positions at other schools and, more generally, in school administration as well as for the purposes of access to school leadership. 6. the post of Deputy Assistant head teacher is equated for emoluments to the tasks referred to in this article and within the limits provided for by paragraph 4. 7. when national bargaining will set the criteria and procedures for the allocation of resources aimed at target functions referred to in this article that will be settled in a special chapter of the School Fund. The Division's account of the size and type of educational institutions, allocating to each of these resources for not less than three and not more than six assignments. Educational institutions can in case you do not activate the target functions use the following school year, with the same purpose, the resources assigned. Art. 29-EMOLUMENTS CONNECTED to the DEVELOPMENT of the TEACHING PROFESSION 1. And offer the opportunity for the recognition of professional development in the exercise of the function to promote a dynamic teacher pay and professional capable of enhancing the professionalism acquired with special reference to teaching activities. It consists in the possibility for each teacher with 10 years of teaching service by appointment in the role, to acquire an inexpensive treatment accessory consisting of an increase of £ 6,000,000 per year. The right to this increase matures after passing a competitive procedure routinely tests and selective for activated securities within the province in which the school of title. The increase takes effect in all subsequent wage positions, unless fail of periodic evaluations referred to in paragraph 3. 2. The supplement referred to in paragraph 1 may sign in at least 20% of the staff at December 31, 1999 and still a number of recipients of the economic benefit to be determined within the national bargaining on the basis of availability referred to in article 42, paragraph 3. Subject to the acquisition of more resources than those indicated in art. 42, paragraph 3, the proportion of wage earners the bonus referred to in this article may be increased by up to 30% of permanent staff on the same date of December 31, 1999. The effective date of the increase is set at January 1, 2001. With the same procedures you will, every two years, the reintegration of the aforesaid percentage shares. To that end, procedures will be phased in, in each province and to places or for homogeneous clusters of subject areas identified for Chair, according to the following criteria: a) the procedure consists in evaluating the professional and cultural curriculum, duly certified, and pedagogical-didactic methodology and evidence concerning who disciplines, including through inspections on the situation; b) the contents of the tests and criteria for the establishment of committees holding are defined by the Minister of education, in consultation with the National Council of education; c) the procedure can provide training sessions to achieve possibly in collaboration with the University and with the commitment of the Administration to offer opportunities across the territory. 3. National bargaining will bankruptcy procedures, the additional screening operational policies referred to in this article, and will discipline the modalities of periodic evaluations needed to retain the right to supplement even wage positions later. 4. by June 30, 2001, the parties will meet to examine, including for the purpose of the next contract renewal, the experience of this regulation on the basis of the data provided by the Ministry of education at the request of A.R.A.N.
Section III-ATA Staff ART. 30-AREA and functions 1. Administrative, technical and auxiliary staff of the institutes and State primary and secondary schools, art schools, colleges of art, of music conservatories, academies of fine arts, National Dance Academy, the National Academy of dramatic arts, educational institutions and institutes and State special schools, performs the administrative functions, accounting, managerial, operational and surveillance related to instrumental activities of educational institutions in relation to cooperation with the head of the Institute and with the teaching staff. 2. These functions are undertaken on the basis of the principles of school autonomy laid down in article 21 of law No. 59/1997 of implementing regulations and the consequent new management reorganized, in every educational institution, on the basis of the general principle of administrative and General Services Unit and the demands of management and technical services organization. 3. On-as per paragraph 1 is placed in the Bill of LAW 59/97 contractual staff A.T.A. area ARTICLE 21 (see page 46) ART. STAFF ATA 31-JOB CLASSIFICATION SYSTEM 1. The professional profiles of ATA staff are identified by the table. Methods of access remain governed by the provisions of applicable law, except for the cultural requirements that are identified in the attached table b. 2. The new classification system of personnel, based on criteria of flexibility related to the organizational innovations, and divided into four areas, each containing one or more categories and job profiles; each employee is graded, according to former membership, qualification and professional profile and economic position where it is incorporated, as shown in table C, without increasing spending. Art. 32-responsibilities and TASKS of the ATA STAFF 1. The tasks of the staff A.T.A. consist of: a) the activities and tasks that are expressly designated by the professional profile of belonging; b) from additional functions in the context of the professional profiles involve taking more responsibility, for which the provisions referred to in article 36. 2. The steps within the classification system can take place: A) BETWEEN AREAS with the following procedures: a) the staff A.T.A. passages from an area smaller than the area immediately above is done through selective procedures after appropriate frequency course organized by the Administration, whose modalities will be defined with national bargaining. In the same contract moving from Administrative Assistant to Director General and administrative services will be the subject of specific discipline in order to take account of the new organizational structure as a result of the implementation of the autonomy, as provided for by art. 30, paragraph 2, and 34. b) to the aforementioned selective procedures allowed participation of staff without qualifications set for listing, professional destination-without prejudice to the envisaged by law qualifying titles as long as in the possession of the qualification established by the attached table B to access the listing of membership or otherwise of the title which gave access to the same profile. B) within the AREA with the following procedures: the transfer of employees from one location to another within the area will take place through qualification and retraining courses — with the cultural and professional conditions required for access to the job profile for the passage. 3. The steps under letters A and B are possible within the limits of personnel and in the proportion of seats laid down to this end. Art. 33-WORKING HOURS 1. Ordinary hours of work 36 hours per week is usually divided into six continuous hours am. 2. when national bargaining shall be governed by the terms of articulation of the different institutes of flexibility of working time, including the discipline of delays, recoveries and compensatory rest periods according to the following criteria:-the working hours it is functional to the working timetable and openness to the public; -optimization of the use of human resources; -improving quality of performance; -expansion of the usability of the services by users; -improvement of functional relationships with other departments and other Governments; multi-week timetable based programming. 3. The maximum daily working time is 9 hours. The break may not be less than 30 minutes. 4. As authorized, in accordance with the performance Institute appropriations exceeding the working timetable are paid with the method and to the extent defined in national bargaining. 5. personnel used as articulated on multiple time shifts or arrangements involved in significant fluctuations in individual time systems involving timetables aimed at expansion of services to users and/or including details gravosita ', and ' applied, from the date of entry into force of the supplementary contract, a reduction of working time to 35 hours per week. The reduction will be carried out subject to the condition that, within the framework of the objectives of efficiency and effectiveness of services, its cost is fronted with proportional reductions in overtime or with stable changes of organizational structures that carry

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