(Finance) – The question is reopened on the possible recognition of the 2013 school year for the purposes of the career of the personal school: the senseless block on economic progression imposed by the rules for the containment of public spending begins to creak following the analysis of the rule in the classrooms justice. A recent ruling issued by Court of Appeal of Florence could call everything into question: the sentence of January 30th overturned the decision of Court of Lucca who in 2022 had rejected a teacher’s requests to be recognized for the year 2013 for the purposes of career reconstruction and subsequent salary progression.
There section Work of the Tuscan Court “agrees with the appellant regarding the recognition of the year 2013 from a legal point of view, i.e. as a year of useful service to be included in the overall service provided for the purposes of seniority range”: looking at the precedents on the matter, the Court had in fact written in “sentence no. 683/2021 of 14 October 2021 (albeit rendered on a different subject, relating to the recognition of tenured service provided in nursery/elementary school in favor of a high school teacher), clearly that the regulatory block on economic progressions does not exclude recognition of the length of service accrued in the same period of time”. Therefore, for “the service provided in 2013, the teacher was entitled to full recognition of her seniority”.
According to the judge, therefore, “the reasoning must start from the extensive constitutional jurisprudence on block regulatory of economic progressions (art. 9 DL 78/10 converted into L. 122/10, and subsequent amendments and additions) which considered its legitimacy as it only temporarily affected the economic treatment of employees on whom it imposed a limited sacrifice in the time. In short, the exceptional nature of the norm was necessarily linked to the temporal limitation of the consequent sacrifice economic for public employees, in the face of equally temporary needs to contain public spending”. From this interpretation therefore comes the green light for the “legal evaluation of that same service in the overall career of the teacher, also with the aim of progressing into the higher seniority bands and therefore, in the years following the block, receiving the positive effects on one’s financial compensation”.