(Finance) – “Sulla Teacher’s card granted also to temporary staff there is no longer any doubt: the courts have been writing this for some time, on the basis of what has been established above all by the Supreme Court. This was reiterated by the labor judge of Trapani who, responding favorably to Anief’s appeal, condemned the Ministry to compensate a teacher who carried out three annual substitutions, between 2021 and 2024, without receiving any support for her training”. what is underlined byAnief in a note.
In assigning 1,500 euros to the teacher, the Court of Trapani – continues the note – recalled that “the Court of Cassation with sentence no. 29961 of 27/10/2023 rendered following a preliminary ruling pursuant to art. 363-bis cpc of the Court of Taranto, definitively clarified that “art . 1, co. 121 of Law 107/2015 must be disapplied, as it conflicts with clause 4 of the Framework Agreement attached to Directive 1999/7c0/EC, in the part in which it limits the recognition of the right to the Teacher Card to teachers of role and does not allow it with respect to teachers assigned to annual substitutes (art. 4, co. 1, L. 124/1999) or until the end of the activities teaching (art. 1, co. 2, L. 124/1999). Which entails, conversely, the affirmation of the principle according to which these teachers are also entitled to the same benefit in full”. On the basis of these premises, the Supreme Court has enunciated the following principle of law: “The Teacher Charter of referred to in the art. 1, paragraph 121, Law 107/2015 is due to non-tenured teachers who receive annual assignments until 31.8, pursuant to art. 4, paragraph 1, Law no. 124 of 1999 or teaching assignments until the end of the teaching activities, i.e. until 30.6”.
He then recalled that the same “Supreme Court on the subject of career reconstruction (Cass. n. 31149/2019), economic progression (Cass. n. 22558/16) and teachers’ professional remuneration (Cass. n. 20015/2018; Cass . no. 6293/2020)”, wrote clearly that “the employment relationship of fixed-term teachers is comparable to that of colleagues hired in indefinite period, given that they carry out the same tasks, fully, despite the temporal limitation of their service, which in itself cannot constitute a factor of discrimination pursuant to European Union legislation”. Therefore, the judge of the Sicilian Court reported the position of the Council of Statealso in favor of temporary workers, who in fact wrote that “regardless of the question of the traceability of the Teacher’s Charter to the “conditions of employment” referred to in clause 4 of the Framework Agreement annexed to Directive no. 1999/70/EC with sentence no. 1842/2022 which changed its previous orientation, stated that, in order to avoid a possible conflict with the constitutional provisions of articles 3, 35 and 97 of the Constitution, both in terms of discrimination to the detriment of non-tenured teachers and for the violation of the principle of good performance of the PA, it is necessary to interpret the above legislation in the sense that all teaching staff (and not just those role) must be able to achieve an adequate level of professional updating and training, in order to guarantee the quality of the overall teaching provided to students (see State Council no. 1842/2022)”. Finally, he stated that “with an order of 18 May 2022, the European Court of Justice stated that the rule which precludes temporary teachers from the right to make use of the 500 euro card for updating and teacher training”.
“There clause 4, point 1 of the Framework Agreement on Fixed-Term Work, concluded on 18 March 1999, which appears in the Annex to Council Directive 1999/70/EC of 28 June 1999 on the ETUC, UNICE and CEEP framework agreement on fixed-term work, must be interpreted as precluding to a national regulation which reserves only to the permanent teaching staff of the Ministry of Education, and not to the fixed-term teaching staff of that Ministry, the benefit of a financial advantage of the amount of 500 euros per year, granted in order to support the continuous training of teachers and enhance their professional skills”.
“Court of Cassation, as well as the Council of State and the European Court of Justice – he commented Marcello Pacifico, national president of Anief – continue to dominate during the judicial disputes on the teacher’s card to be assigned also to temporary staff: teachers who have stipulated at least one annual substitute contract, of any type, in the last six years, even if today they are no longer temporary. Simply submit – concludes Pacifico – a free appeal with Anief, so as to recover up to 3,500 euros plus accrued interest”.