There FLC CGIL has prepared a guide to understanding the management of ATA staff substitutes. The 2015 Stability Law (190/14 art.1, c.332) established the ban on the replacement of absent personnel for the profiles of:
- technical assistants: replacement is never possible.
- administrative assistants: this is only possible in schools with less than 3 administrative assistants.
- school collaborators: no, for the first 7 days of absence.
The ministerial note 28597/22, however, reaffirms the validity of the derogatory provision of article 1 c.602 of the 2018 financial law, according to which it is possible to proceed with the replacement starting from the 30th day of absence of the holder for assistant profiles administrative and technical.
Absence of ATA and substitutes for CSs
For the school collaborators the prohibition remains in the first 7 days of absence, with the provision of the MIUR note 2116/15, which opens up the possibility of substitution even before the 7 days, if the school manager assesses that there are problems for the safety and security of the pupils or for assistance to disabled students or for other urgent needs of an organizational nature that could compromise the right to study and the functioning of the service.
Furthermore, the Miur note 10073/16 remains valid, which provides for the possibility of assigning substitutes for all profiles, only in cases of vacancy due to death, resignation from service, retirement during the year, conditions that do not involve expense increase.
In the cases of simultaneous absences of several workers there may be a slowdown, if not an interruption, of the public service. Some Regional Scholastic Offices have recalled the principles of a general nature (good running of the Administration, reconciliation of interests, etc.) – such as the USR of Emilia Romagna in note 4050/16 – which can be taken into consideration by the schools in order to guarantee, in specific emergency situations, their functioning and the constitutionally protected right to study.
Replacement of ATA personnel
The guide remember that ATA personnel have no contractual obligation to accept additional hours to replace absent colleagues. If their availability is acquired, it is appropriate that the school contract defines limits and conditions for the replacement of absentees, in order to limit the assiduous recourse to this procedure. The intensification of service hours is a contractual institution that must be regulated in the supplementary contract, paid and used only in emergency situations.
For the replacement of school collaborators, the 2015 stability law indicates (paragraph 332) the use of resources for the excess hours that can be assigned by the school manager to internal staff. For the other two profiles, the resources allocated to the FMOF will have to be re-calculated in order to set aside a percentage to be allocated to AA and AT, also against replacements.
The regulation of substitutes (DM 430/00) introduces the possibility of extend the substitutions even beyond the end date of the lessons (art.6 c.4). Considering the workloads, the reductions in staff and the growing complexities to be faced in the summer periods, it is advisable that the school directors, perhaps in agreement with the RSU, use these extensions to better guarantee the services, in particular for the scrutiny operations and exams.
For the temporary replacement of the DSGA, the stipulation of fixed-term contracts is not envisaged (art.56 CCNL), but the replacement takes place with internal staff (administrative assistant) who in turn is replaced according to the rules illustrated above.
ATA staff absences: when are the substitutes called? – ScuolaInforma