'The prohibition to hire new staff, including one belonging to protected categories, remains where the administration fail associated performance organization and discipline of the offices, as well as staffing, subject to verification of the actual needs ... "" mandatory and PA Jobs: Unraveling '
The Ministry of Labor makes clear that' taking precedence over the rules of the protected categories of restrictive assumptions in the PA in the decree of anti-crisis.
art. 17, paragraph 7 of Legislative Decree 78/2009, converted into Law 102/2009 - the so-called anti-crisis decree - was the subject of the hiring freeze in state administrations and public bodies is not cheap, either temporary staff that indeterminate, including assumptions already authorized and planned by the provisions of special character, until the achievement of control of expenditure allocated to each administration.
from the block, are not only the recruitment of diplomats, the police and the authorities responsible for border control, the armed forces, the National Body of Fire Brigades, universities, research institutions, staff judiciary and the school division to the extent permitted by law.
The wording of the provision made immediately raise several items, the trade unions and that they understood that reference to "provisions special character "as an extension of the block also recruitment of so-called protected classes, or the disabled that must be undertaken in accordance with Law No 68/99 - rule which has as its purpose the promotion of inclusion and integration of disabled people into employment through support services and targeted employment.
In fact, the wording of paragraph 7 referred to is very broad and diverse public administrations have interpreted blocking the compulsory recruitment and ending with violating the right to social integration of disabled people.
Against this background, there have been many requests for clarification made to the Ministry of Labour, as well as requests for clarification concerning the exclusion of disabled people from the block or, alternatively, to amend the rule.
The Directorate General of the Labour Market of the Ministry of Labour, with footnote 15 270 of 17 November 2009, responding to the Agency Liguria job, he first indicated that the ban on recruitment of anti-crisis decree concerns only the central government of the state and non-economic public bodies, and put an end to doubts as to whether the hiring freeze that touches the rights of people with disabilities to be integrated into the world of work and therefore in society.
In practice, the note specifies that the recruitment of persons belonging to protected categories, in order to respect the quota; by Law 68/99, which is excluded from the block of the Law 102/2009 for the inclusion and integration work of the subjects in question takes precedence over the rules of the blockade, as already clarified by the Department of Civil Service in an opinion delivered on 29 September 2008 to a municipality. However, pursuant to Legislative Decree no. 165/2001, art. 6, c. 6, the ban on hiring new staff, including one belonging to protected categories, is still where the administration does not fulfill the obligations relating to the organization and discipline of the offices, as well as staffing, subject to verification the actual needs and after consultation with trade unions.
(Note Ministry of Labour and Social Policy 17/11/2009, No. 15270)
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