Ruling of the TAR Marche, the management of the AST of Ascoli: “has nothing to do with the 2021 rankings which therefore remain valid”

Ruling of the TAR Marche, the management of the AST of Ascoli: “has nothing to do with the 2021 rankings which therefore remain valid”
Ruling of the TAR Marche, the management of the AST of Ascoli: “has nothing to do with the 2021 rankings which therefore remain valid”

LISTENING – We publish, as received, from the press office of the Piceno AST, the press release in response to that of the NurSind Union.

The TAR Marche ruling says nothing about the scores assigned, or the rankings, and therefore no one can claim that they are incorrect”. This was said by the management of the territorial health authority of Ascoli regarding the sentence of the regional administrative court of the Marche pronounced in relation to the appeal on horizontal economic progressions, presented against the AST by 105 healthcare workers in the sector supported by the Nursind trade union organisation. ‘The applicants – says the management of the health company – will not have a 60 euro increase in their paycheck. In fact, since the TAR has not issued anything regarding the rankings, which therefore remain valid, no attribution is changed and, therefore, no worker among those who have appealed will receive the salary increase. However, it should be noted that as many as 17 of the applicants, being placed in a useful position in the company ranking, have already benefited from the move to the higher economic bracket and are already receiving the salary increase. For them, therefore, if the ranking were to change in the future, the opposite risk would be possible, that is, not only of ceasing to perceive it, but even of having to return what they have received so far”. “What was claimed by Pelosi of Nursind, namely that despite over two hundred requests for access to the documents the former director of human resources management responded evasively – continues the management of the Ascoli Association – does not correspond to the truth as they were provided , in writing, all the elements so that the employees are aware of the score awarded. Furthermore, they were summoned twice and the entire file was made available to them, so that they could choose the documentation of interest, but they did not use this opportunity. Furthermore, clarifications regarding the respective positions in the ranking were also provided verbally.

It is regrettable, for all the other workers besides the appellants, to have to underline that the presence of a judicial case on the 2021 horizontal economic progressions and, therefore, the uncertainty, albeit remote, of the invalidity of the approved ranking, makes it impossible for the Company to proceed with the attribution of the 2022 PEO, since a worker cannot receive it for 2 consecutive years, if the rights relating to 2021 are not settled it is not possible to attribute that of the following year”.

The management of the AST of Ascoli further clarifies how “every year the Company issues a call for horizontal economic progressions for which employees apply. Following the approval of the PEO 2021 rankings, the appellants requested that they be provided with a copy of the individual form from which the score attributed for the individual qualifications and requirements possessed emerged for the purpose of drawing up the ranking itself. The health authority responded by illustrating the criteria followed for the attribution of scores, as well as the methodology used, the same for everyone, which did not involve the development of individual forms, but rather a single summary table. To facilitate all applicants, the AST made itself available to them for 2 days to respond directly to their requests for access to documents and, at the same time, show the entire file from which they could extract a copy of any document of interest to them , designed to dispel any doubt of error. Of all the moments, only 3 used the company availability and on that occasion received a copy of the complete prospectus, containing the attribution of the personal score”.

“The appeal to the TAR promoted by 105 employees – concludes the management – ​​was aimed at obtaining the declaration of illegitimacy of the notes sent by the Ascoli Ascoli to the employees in response to the requests for access to the documents formulated by them and, consequently, to obtain the verification of each appellant’s right of access and the order for the Company to produce copies of the requested documents, with Ast ordered to pay the costs of the dispute. Therefore, they did not request the cancellation of the procedure, nor of the ranking. The TAR Marche ruling only orders access to the documentation, where existing, relating to the specific attribution of scores for the individual qualifications and requirements possessed for participation in the tender”.

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