The school administration continues to crack down on convictions for non-recruitment of precarious staff with over three years, even if not continuous, service.
The last sentence was issued by the Labor section of the court of Modena, which accepted the appeal of a Catholic teacher of the primary school, precarious for 10 years, giving the same teacher an allowance equal to ten monthly salaries corresponding to one month for every year precarious work, plus legal interest, for a total amount of about 15 thousand euros.
“We are satisfied says Marcello Pacifico, National President of Anief – because this sentence confirms the consistency of our work, even in court. Continuing to ignore the rules that conflict with the misuse of fixed-term contracts, even in the presence of the record of vacations and conferred by the substitute, in September will be 250 thousand, does not mean to adapt to reality. All the more so as the administration shakes itself against the teachers themselves, one of four who allow our schools every morning to best perform one of the most essential and delicate services that the state is required to provide: the education of young people. “.
The teacher, assisted by Anief and defended by lawyers Lo Bue, Ganci and Miceli, had asked to be stabilized as he had “served more than 36 months of service under the MIUR in vacant positions and in any case, in defiance of Replacement needs for temporarily absent staff “. The lawyers, after hearing about the lack of consideration of the indications, by our administration, in respect of what has been expressed by the European Court of Justice to prevent the abuse of determination contracts, demanded the stabilization of the orderly and ” in the extreme alternative “also” to detect and explain the illegitimate and abused exceeding of the 36-month threshold of service (for non-temporary and unexpected reasons, much less for replacement needs of temporarily absent staff) and thus condemned the responding parties to a claim for damages “precisely because of the” abusive repetition of provision contracts “. In addition, the same lawyers stated that “the EU-CJEU also reiterated that the renewal of the concluded contracts in order to respond to an” objective reason “in accordance with clause 5 point 1 letter a) of the framework agreement must serve for needs of a temporary nature to fulfill. “.
In the reasons for accepting the appeal, the judge ruled on the high “number of contracts that have followed over the years without interruption” also due to the failure to activate the insolvency proceedings: “after a first contest held after the entry into force of the law 186/2003, in 2004 “, reads the sentence,” the three years of competitions provided for by the law were no longer held “. Moreover, by the judge “The right of teachers to be compensated for the damage caused by the precariousness to which they have been subjected must certainly be recognized. ‘Repetition of determination contracts consists in and derives from, in accordance with the principles written by the United Sections, the release of evidence of concrete prejudice’.
In conclusion, the judge decided this “In the present case, the abusive recidivism, up to the date of this judgment, has taken place for about 10 full school years, so that in the light of the above criteria it is considered fair to identify the compensation in the amount immediately. Up to 10 months of the ‘final global pay in fact, a compensation payable monthly payment every 12 months of misappropriation (over the sixth thirtieth month), exceeding the minimum limit of 2.5 months’. The religious teacher is also assigned “the legal interest of notifying the appeal of the balance”. Finally, the court of Modena sentenced “MIUR to pay the litigation costs, paid in € 259.00 for disbursements and € 2,100.00 for fees, plus reimbursement. Flat rate, VAT and CPA, to be deducted according to Art. 93 cpc “.