Articles 28 and 29 of the CCNL / 2007 define precisely the work obligations of teachers divided into teaching activities and functional activities in teaching. After the classes, the compulsory teaching activity is no longer due (art. 28), due to the obvious finding that there are no students to teach (art. 1256 of the CC frees the teacher from any obligation).
Functional teaching activities (art. 29) are divided as follows: 40 hours per year for participation in faculty meetings and 40 additional hours per year for participation in class, interclass, and intersection councils.
The two types of commitments cannot be combined. Hours should not be confused or considered “interchangeable”. Therefore, we refer to 40 + 40 hours (different) and not 80.
To these, obviously, are added the compulsory activities in reference to the ballots and exams, including the compilation of the documents relating to the assessment (these activities are not included in the 40 + 40 hours).
We remind you that if the teacher has already reached 40 hours of annual participation in teacher meetings and other meetings are planned, he is entitled to either the payment of overtime or the exemption from participation.
In the contract there is no obligation on the part of the teaching staff when the classes are suspended (including the month of June), except for the residual part of the obligations relating to the aforementioned collegiate activities, in accordance with art. 29 of the contract.
The only services that can be requested during the suspension period are, therefore, functional teaching activities related to ballots and exams, teacher council meetings and class councils, but only if they are scheduled, ie included. in the plan approved by the board at the beginning of the course. year, and in the amount established by the CCNL / 2007.
The annual plan of activities of the teaching staff is adopted at the beginning of the school year at the proposal of the principal and can be updated during the course according to the needs that are gradually being raised.
The updating of the Plan and the additional commitments must involve, in any case, the teaching staff, the representative body of those who then have to execute this Plan in a coherent way.
Teachers, therefore, in the period when there is no class and excluding what is provided in the plan of activities, can not be required (not even with a service order):
- Attendance at school according to their usual teaching schedule;
- Go to school every morning to sign the attendance record;
- Reorganization of the library or other activities normally “alien” to teaching;
- Comply with any activity provided for in a “list” of commitments drawn up independently by the Manager and not provided for in the Activity Plan.
This applies to any school order after you have finished classes.
The only exception is for secondary school teachers who do not participate in the exams.
Art. 13 section 2 of the OM. 65/2022 states: “Staff useful for replacements, with the exception of staff with short and occasional temporary employment relationships, remain at the disposal of the service school until June 30, 2022.”
“Still available” however, it does not imply the obligation to be present or to sign during all the days that go from the end of the classes until the 30/6.
We also remind all Executives the Ministerial Note prot. n. 1972, of June 30, 1980, which at the time clarified the issue: “The imposition of obligations of simple attendance at school that do not depend on planned and active initiatives and that respond to the real needs of the centers individual educational. In fact, it would be a permanent formal presence that, in this case, would not take into account the peculiar feature of the school, which differs from the prevailing activity (that of teaching for students) provided by the school calendar. “.
The same concepts were reaffirmed with later notes and phrases. Among the latter we recall that of the Council of State no. 173/1987 which decreed: “… It is also not conceivable to impose the obligation of simple presence in the school regardless of the commitment to the planned activities, as it does not correspond to the regime set by the Decree of the Presidency no. 417/1974 “.