School, Anief: “For the State Council, a 500 euro card must also be given to temporary workers”

“The change of jurisprudence, also in light of the remission in the European Court of Justice of the Italian legislation (law 107/15) obtained by the Anief lawyers now opens the adhesions to appeals to the labor judge to return to those entitled up to 2,500 euros for five years of substitute post “. This is what we read in an Anief note. “The legal initiative – he explains – is accompanied by a series of successes always obtained by the legal office of Anief in defense of the rights of the precarious workers: from the recognition of the accessory salary to short alternates to holidays not taken, from seniority to compensation for abuse of fixed-term contracts during the summer months. Not to mention the dispute won in the Supreme Court over the full recognition of the pre-role service in career reconstruction or the first salary step denied to new hires since 2011 “. “The young union led by Pacifico – underlines the note – promises battle also in the contractual tables in view of the RSU vote next April: among the requests for modification of the contract, the need to guarantee equal treatment between precarious and permanent staff and a specific assignment allowance for those who are precarious with more than 36 months of service. To win the substitute Anief asked Minister Bianchi to use the double recruitment channel by hiring temporary workers from the same rankings (gps) from which they are hired. fixed term, without forgetting the itp, irc, ata, educators and the thousands of graduates excluded from recruitment “.” A teacher with annual replacement – Anief underlines – has the right to professional updating: this was established a few days ago by the judges of Palazzo Spada asking the Ministry of Education to make available to them the tools, resources and opportunities that guarantee the in service, because there can be no unequal treatment between permanent and non-permanent staff. In sentence number 1842/2022, the Council of State made direct reference to the remission in the European Court of Justice on the same issue, obtained by the Anief lawyers and promoted by the court of Vercelli “. At this point,” for the young man’s legal office trade union, there is only one last step to obtain the 500 euros per year and the recovery of 2,500 euros for those who have carried out annual substitutions in the last five years: recourse to labor judges “.” The position taken by the Council of State – comments Marcello Pacifico, national president of Anief – confirms that our battle over the extension of the docente card for updating is not only correct as a principle but also at a legal level and we believe that our remission in the European Court of Justice certainly influenced the sentence. We therefore invite all precarious staff and those who have carried out annual substitutions to join the appeal sponsored by the Anief lawyers at the labor court “.” comparing the rights of the precarious workers to those of permanent colleagues – continues the note – the union intends to go ahead to the end: the annual alternates, writes the specialized press, ‘had tasted another historic victory thanks to a precarious teacher who, making recourse with the Anief for non-recruitment she was then benefited from a sentence by the judge of Modena who sentenced the Miur to compensate her with ten salaries’ ”. Anief, who recently obtained remission to the European Court of Justice from the Court of Vercelli, has been insisting on Community legislation and jurisprudence, which now has to examine whether there are “valid reasons for the non-application of the rule that grants the Teacher’s Charter only to permanent staff in the school by contrast with clause 4 of the framework agreement of 18.3.99 on fixed-term work, implemented by directive 1999/70 / EC and violation of art. 14 of the Cdfue, article 10 of the European social charter and clause 6 of the framework agreement on fixed-term work, implemented by directive 1999/70 ”. “A non-application – reads the trade union note – which according to Anief” would crystallize the right of thousands of temporary workers to be able to claim 500 euros for each school year from 2015/16 onwards in which they entered into fixed-term contracts on 30 June or to August 31. A boulder that would fall on the Mef and on the Draghi government, because the sums are really important ”.