(Finance) – Another sentence recognizes the right to compensation for a precarious teacher of the school. This time it is the Court of Parma who expressed itself in favor of a teacher, accepting the thesis of Anief lawyers. The teacher, who between 2015 and 2024 worked with short and annual substitutes until June 30, had never received the payment of unworthy holidays. The labor judge then sentenced the state administration to compensate the teacher with 11,875.36 euros, recognizing the illegitimacy of the office attribution of unused holidays.
Marcello Pacifico, National President Anief, Comment on the Parma ruling by remembering that “the holidays not enjoyed and not solicited by school managers must necessarily be paid to teachers and ATAs who have finished their employment relationship with the school. Take them off, as if they had been used, without therefore paying the worker himself with ad hoc salary emission, represents a error of interpretation of current legislation. Present appeal with Anief It is therefore possible to recover important figures, even more than 10 thousand euros: however, it is necessary not to think about it too long, because the Court of Cassation, with sentence no. 3021 of 10 February 2020, he reiterated that the right to the substitute for non -enjoyed holiday allowance is subject to decades of prescription as it is considered an element of the mixed remuneration, both remuneration and indemnity “.
In the sentence it is explained that “the question can be decided on the basis of the recent orientation that has recently been consolidated at the jurisprudence of legitimacy (cf., ex multis, Cass. No. 16715 of 17/06/2024, Cass. No. 15415 of 03/06/2024, Cass. No. 13440 of 15/05/2024), to whose shared can be made to be referred to. Att. L, n. 14268 of May 5, 2022, for which the fixed -term teacher who did not ask to benefit from the holidays during the period of suspension of the lessons has the right to the substitute allowance, unless the employer proves to have unnecessarily invited him to enjoy them “.
The sentence therefore refer to the “Directive 2003/88/EC which, according to what is specified by the Court of Justice, large section (with judgments of 6 November 2018 in reunited causes of 569/16 and C-570/16, and in C-619/16 and C-684/16 causes), does not allow automatic loss of the right to paid holidays and the substitute indemnity, without the prior verification that the worker, through adequate information, was placed by the employer in a position to actually exercise his right to the holidays before the cessation of the relationship. of work “. (Cass. No. 16715/2024 cit.)”.
Finally, to weigh on the sentence was also “the collective forecast”, which “establishes, moreover, that the use of holidays during the periods of suspension of the lessons during the school year is not mandatory. Therefore, for the fixed -term teaching staff who, during the employment relationship, did not ask to benefit from the holidays during the periods of suspension of the lessons during the school year, it is given to the replacement payment of the same at the time of the cessation of the cessation of the cessation of the cessation. relationship'”.
The judge of Parma also recalled the position of the European Court of Justice on the matter, in particular explaining that “La Cgue, large section, with three judgments of 6 November 2018 (respectively, in meetings together C-569/16 and C-570/16; in question C-619/16; in question C-684/16), in interpreting art. 7 of Directive 2003/88/EC, in combination with art. fundamental rights of the European Union, has stated that it hinders of a national legislation in application of which the worker who did not ask to be able to exercise his right to paid annual holidays Before the cessation of the employment relationship, the days of paid annual holidays to which he was entitled to the Union law on the date of this termination and, correlatively, his right to a financial allowance for the paid annual holidays not enjoyed, without a prior verification of the fact that he has actually been placed by the employer in a position to exercise his right to holidays before this cessation, through adequate information by the employment the latter “.
In conclusion, in the Emilian sentence it is explained that “the term teacher cannot lose the right to allowance replaced holidays for the mere fact of not having asked for the holidays, if not after being invited by the employer to enjoy itwith express notice of the loss, in the different case, of the right to holidays and replacement allowance “.