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 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