Gentile Presidente Giorgio Napolitano,
consapevoli della Sua funzione istituzionale e delle responsabilità che ne derivano, ci permettiamo di rivolgerci a Lei per sottoporLe una questione di immediata attualità.
La legge 102/2009 ha reiterato un provvedimento che consente alle pubbliche amministrazioni di prepensionare coattivamente i dipendenti con una anzianità contributiva di 40 anni.
La legge esclude dal provvedimento i professori universitari.
Per dimostrare di essere virtuosi, e in quanto tali ricevere finanziamenti, alcuni atenei hanno interpretato tale provvedimento in senso restrittivo ed hanno inviato lettere di prepensionamento coatto ai “ricercatori universitari di ruolo”, playing on the ambiguity of the term used in the law, which does not distinguish between function and function as it should not happen under the rule of law guarantees, and this leading to contradictions and discretion to be unacceptable.
In fact, the university researchers (qualifying) are deemed to be university professors, associate and ordinary (position) in their teaching function (always entitled to as part of the teaching staff), particularly with duties and responsibilities of teaching held in since 1990. This element is essential if we are to respect the fundamental principles underlying the Establishment Public University: the freedom of research and freedom of teaching.
And again, the measure was adopted:
-although the law 230/2005 defines aggregates professors, researchers with teaching duties,
-despite the Ministry of Education have included academic researchers among the teachers needed to run courses Degree (2004/2007)
- despite the law which established their role as defining the retirement age to 65 years (382/1980),
- but especially despite the law puts teachers and university researchers are subject to a legal regime in deviation from government employees (165/2001 art. 3), in observance of the first espresso the institutional principles of the public University.
The discretionary application by the government that follows from the above law has established and leads to a series of discrimination that we would like to bring to your attention and sensitivity to his legal:
- the measure does not put people on different levels redeemed at their own expense the years of study and who bought them not: for the 40 years of contribution not distinguish between mandatory and voluntary contributions. Therefore remains the uneasy feeling that you take advantage of voluntary contributions for early retirement
- the same law exempts from the measure 'judges and university professors'. Una interpretazione della legge (come quella che è stata recentemente prospettata dal Consiglio di Stato ord. 3254/2010, a fronte di ord. 2762/2010 e 3081/2010) sostiene che i ricercatori non sono professori e quindi non sono esonerati. Per altro l’ultima modifica della legge (102/2009) circoscrive il provvedimento ai dipendenti delle pubbliche amministrazioni in regime privatistico, mentre i ricercatori rientrano fra i dipendenti delle pubbliche amministrazioni in regime di diritto pubblico (d. lgsl. 165/2001).
Tale circostanza crea il seguente paradosso: i ricercatori, personale a regime di diritto pubblico (165/2001), sono fatti oggetto di un provvedimento destinato ai dipendenti in regime di diritto privato (circolare 4 / 2009 Public Service Department), but can not access to justice who presides over disputes about the type of working relationship private, they are removed from the ordinary justice and depend on the administrative justice, which arguably ignores the balance of private law work.
Everyone has the right to an adequate defense and the state of things currently preclude researchers.
- discrimination because the measure is limited to the period 2009-2011: Who will be found under the same conditions in 2012 will not be affected: the discrimination is based on age, the birth year, that the researcher has decided whether or not to redeem the years of degree
- discrimination because the measure is subject to occasional variables: place of work, management in the past more or less nonchalant little virtuosos from universities, colleges or even virtuous, however, prefer the awards to executives have administrative and budgetary active compounds more or less consistent
- discrimination because they are taken early retirement some of researchers who have not yet turned 60 and are left in service and associate professors at 70 and 68 years
- discrimination because the resolution of employment relationship is unilateral and involves result in the attainment of a certain age is equal a just cause for dismissal
- because discrimination violates the principle of uniformity in the social insurance benefits for civil servants, because the amount of the pension is reduced by the amount of a pension and natural expiration
- discrimination because, To date the measure was being applied to less than 20% of Italian universities, a corresponding percentage of researchers with 40 years of contributions made under this act producing irreversible damage to the parties concerned, thanks to the discretion that characterizes it, is discriminated against compared to other Italian researchers, though belonging to the same role that determines the same rights and duties
In addition, the extreme margin of discretion that allows universities to be set for any maintenance service, passing various parameters, but such that no researchers staying at the role.
Based on these considerations, we allowed ourselves, kind President Napolitano to issue an appeal, asking
-to take action to prevent further contraction of the university, with the loss of staff that often has not yet reached age 60 a time when new recruits are further reduced, since increased restrictions on the turn over, and especially at a time when everyone is asked to postpone the date of retirement (not counting the threshold of 65 years for women in public administration), as required in the final budget package
-take action to not allow the injustices and discrimination arising from the provision in question, because the discretion that characterizes this decision is not a harbinger of further discrimination between university researchers, namely between Italian citizens of the same rights and duties.
We thank you for your attention and confident in your intervention, we send our respectful greetings
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