Training permits: the right is for all staff on duty. Even for a fixed term?

Maria writes

Hello, can the temporary teacher use the 5 days of paid leave for training? My DS believes that temporary teachers can use these permits but they are not to be paid … Can you send me regulatory references, in addition to the CCNL that would be "ambiguous" on this point, that can convince you?

Training: a right for all staff

Participation in training and updating activities constitutes a right for all staff in service as it is functional to the full realization and development of one's professional skills.

For the teachers, training initiatives, ordinarily, take place outside teaching time.

Personnel participating in training courses organized by the administration at central or peripheral level or by educational institutions are considered in service in all respects. If the courses take place off-site, participation in them involves the reimbursement of travel expenses.

5 days

In particular, the art. 64 of the CCNL 29.11.07, with regard to permits, is divided into two paragraphs:

• the paragraph 3 concerning training courses organized by central or peripheral administration or educational institutions, for which the staff is considered in service for all purposes, with reimbursement of travel expenses if they are held off-site.
• the paragraph 5 which concerns the 5 days permits for which it is not prescribed that they can be enjoyed only if the courses are organized by the administration.

Therefore, to take advantage of the 5 days. (paragraph 5) the teacher will not have to prove that the courses are organized by the Administration, but it is sufficient to provide the details of the course / conference to which it intends to participate, which can therefore be of any nature and not necessarily organized by the administration.

Obviously participation in training initiatives as a teacher or as a learner cannot be combined.

Therefore, the days of leave are 5 total between courses in which the teacher is a learner and those in which he is a trainer.

Conclusion

The permits for training and updating are therefore governed by Articles 63 and subsequent articles of the CCNL 29.11.2007: they are for teachers approved by the Academic Board while I criteria for use is subject of comparison between the head teacher and the RSU according to the new provision contained in art. 22 of the CCNL 19.04.2018.

The new CCNL also provides for the possibility of negotiating the general criteria for the allocation of resources for the training of all personnel.

As regards the question posed and the stubbornness of the DS, given that the CCNL makes no distinction between fixed-term and permanent employees, I report an ARAN Orientation for the school, SCU 059, which removes any doubt:

Can a temporary professor with an annual position be exempted from the service to participate in training activities?

This Agency, points out that the art. 64, paragraph 1, (Use of the right to training) of the CCNL 29.11.2007 states: "1. Participation in training and refresher courses constitutes a right for personnel as it is functional to the full realization and development of their professionalism. "

In addition, paragraph 5 of the same article states: "5. Teachers have the right to use five days during the school year for participation in training initiatives with the exemption from the service and with replacement according to the legislation on short supply in force in the different school levels. In the same way, and within the same 5-day limit, teachers of musical instruments and arts subjects are entitled to participate in musical and artistic activities. "

This article makes no difference between temporary or permanent teachers who exclusively contain the generic wording of "the teachers" that refers to all the staff on duty. "