(Finance) – The Court of Modena accepted an appeal presented by lawyers Irene Lo Bue, Fabio Ganci and Walter Miceli on behalf of a teacher who had requested the recognition of 25 hours of mandatory training carried out outside working hours on the issues of school inclusion of pupils with disabilities. The decision confirms that these hours must be considered working hours and, consequently, paid.
According to the Court, based on Eurounitary jurisprudence, “il time frame during which a worker follows a professional training imposed on him by his employer, which takes place outside of his usual place of workon the premises of the training service provider, and during which he does not carry out his usual functions, constitutes ‘working hours’“..
This sentence confirms a battle carried on by Anief for yearsaccording to which the compulsory training imposed on teaching staff cannot be considered a free activity, but must always be paid.
“Thanks to our actions, the right to remuneration for compulsory training activities is now recognized not only by the Courts, but also by the new CCNL, which entered into force on 19 January 2024”, he states Marcello Pacificopresident of Anief, expressing satisfaction with this important judicial victory. “For teaching staff – explains the trade unionist – the training takes place at times that do not coincide with the hours allocated to teaching activities referred to in the art. 43. Training hours in addition to those referred to in art. 44, paragraph 4, are remunerated with fees, including lump sums, established in supplementary negotiations, paid by the fund for the improvement of the training offer referred to in the art. £78″.