(Finance) – The Modena Court he reiterated a principle of non -discrimination of fixed -term school workers compared to role colleagues, recognizing a compensation for a collaborator without the CIAthat is, the individual accessory compensation assigned instead to role colleagues or with annual substitutes, which are now finally paid with the interests of the law.
To a school collaborator, the Court recognized a compensation of 641 euros more interest“by virtue of multiple fixed -term contracts entered into for short and occasional substitutes carried out in the AA.SS. 2020/2021 and 2021/2022, for a total of 151 days of work in the 1820/2021 and 216 work days in the A. 2021/2022”.
In the sentence, the labor judge explained that “the compensation under examination, which has undoubtedly remunerationis attributed by paragraph 1 of art. 82 CCNL ‘to ATA staff of schools of all levels and educational institutions’, without further differentiations, and therefore it would seem include all hires, indefinitely and fixed -term and fixedregardless of the different types of assignment “. At the basis of the conclusion to which the Court of Modena has arrived there is the position taken by Court of Cassationwhich “provided an interpretation constitutionally oriented towards compliance with the principle of non -discrimination between fixed -term workers and comparable permanent workers”.
“Directive 1999/70/EC emitted five luster ago remains Definitely current and valid To reiterate in the courts of work the full Right of short alternates to receive the allowance For teachers and ATAs that varies from 80 to 300 euros per month more in the paycheck, depending on the levels of previous seniority “, he explains Marcello Pacificopresident of the Anief union, which urges the precarious person concerned or ex -precarious staff to “send a warning and to resort to the court as soon as possible to recover the sums denied at the end of the month”.