“The equalization of the treatment of the fixed-term worker with that of permanent teachers can take place, as regards teachers still “internal” to the school system, exclusively through specific fulfillment, that is, through the material assignment of the “paper teachers”, since only through its use can the destination restriction imposed by the legislator on the amounts linked to it be observed (ex art. 1, paragraph 121, Law no. 107 cit.)”. This was written by the Verona Labor Court, responding positively to the appeal brought by Anief lawyers in defense of a teacher who carried out two long-term substitutions between 2021 and 2023: the judge therefore condemned the Ministry of Education and Merit to compensate the teacher with the 1,000 euros initially denied by the administration, “in addition to the greater sum between the legal interest and the monetary revaluation calculated from the date of the right to credit up to the actual attribution”.
In the sentence, the labor judge specifically cited “The Court of Cassation (sentence no. 29961/2023 of 10.27.2023)”, which “decided on a preliminary ruling pursuant to art. 363 bis of the Code of Civil Procedure, with a declared nomophylactic function, on the basis of complex arguments which are hereby referred to pursuant to art. 118 avail. att. has established the following principle of law: “The Teacher Charter referred to in art. 1, paragraph 121, Law 107/2015 is due to non-tenured teachers who receive annual assignments until 31 August, pursuant to art. 4, paragraph 1, Law no. 124 of 1999 or teaching assignments until the end of the teaching activities”.
According to Marcello Pacifico, national president of the Anief union, “once again the one-year sentence of the Supreme Court of Cassation, which follows those equally favorable to temporary workers in the Council of State and the European Court of Justice, has a decisive role when evaluating the free appeal presented by a precarious or former precarious worker with Anief, in order to recover up to 3,500 euros plus accrued interest. Finally, I would like to remind you that there are hundreds of thousands of teachers who have not yet done so and would have every reason to present the same free application through our union.”
THE CONCLUSIONS FROM THE JUDGMENT OF THE LABOR COURT OF VERONA
P.Q.M.
The Court of Verona as labor judge, definitively
ruling, every contrary and different request and exception rejected
1. in accepting the appeal, declares the right of the appellant to
take advantage of the economic benefit of €500 per year via Electronic Card
of the teacher for the updating and training of teaching staff, of
referred to in the art. 1 of Law no. 107/2015 for the school years: 2021/2022,
2022/2023;
2. condemns the defendant Ministry to provide the appellant with the
service which is the subject of the case, after issuing the Teacher’s Card and
crediting of the sum indicated on the Teacher Card, in addition to the additional amount
sum between the legal interest and the monetary revaluation calculated by the
date of the right to credit until the concrete attribution;
3. condemns the defendant Ministry to reimburse the litigation costs incurred
by the appellant party, paid a total of €258.00 for compensation
professionals, in addition to the reimbursement of general expenses at 15%, in addition to
10% increase pursuant to art. 4, co. 1bis DM 55/14 as amended, plus VAT e
CPA, plus CU reimbursement of €21.50, with diversion in favor of
anti-state prosecutors.
Verona, 14.11.2024
THE JUDGE
For more information on free appeal with Anief click here.
FOR MORE INFORMATION:
SCHOOL – Teacher’s card for temporary workers, you can also appeal together with a colleague: the Court of Messina compensates two teachers with 1,000 euros with double annual substitution expiring on 30 June
SCHOOL – Teacher’s card for temporary workers, the principle of the Supreme Court of last autumn applies: it must be given to all teachers with annual substitution of any kind, 1,500 euros from the Cosenza court to a teacher defended by Anief lawyers
SCHOOL – Teacher’s card for temporary workers, 3,000 euros plus interest to the substitute defended by Anief: for the Court of Velletri “the mere temporary nature of the work” does not justify the different treatment
SCHOOL – The obligation of training also applies to temporary workers, which is why the teacher’s charter also applies to them: in Benevento the judge grants 1,000 euros to a substitute teacher from 2022 defended by Anief
SCHOOL – Teacher’s card, “a benefit for a limited purpose and must remain so also for fixed-term teachers”: the Court of Treviso writes this, compensating a temporary worker with 2,500 euros
SCHOOL – Is teacher training compulsory, permanent and structural? Yes, then the teacher’s card also goes to temporary workers: in Treviso 2,500 euros to the substitute teacher who worked “continuously until the end of the lessons”
TEACHER’S CARD – To guarantee the quality of the lessons the school must have all the teachers up to date, in Marsala the judge reminds us that there is no difference between those who are tenured and those who are temporary: 1,000 euros to the substitute teacher who appealed with Anief
SCHOOL – The teacher’s card must also be given for ‘short and occasional’ substitutions, as long as they are contracts “in succession”: the Court of Vicenza says so when compensating a temporary worker with 1,500 euros
TEACHER CARD FOR TEMPORARY OFFICERS – It also applies to substitutes hired on non-vacant chairs on the de facto staff, the Court of Velletri cites the Supreme Court and compensates a teacher defended by Anief with 2,500 euros plus interest
SCHOOL – The teacher’s card also goes to temporary workers because they carry out an identical job to those who have a permanent role: the Court of Rome compensates a teacher with 2,000 euros plus interest
TEACHER CARD FOR TEMPORARY JOBS – It must be given even if the substitutions are ‘short’ and there are days of break between one and the next, as long as they are at least 180 days: in Padua the judge compensates a substitute with 2,000 euros
SCHOOL – Temporary teachers are not children of a lesser god, the teacher’s charter also applies to them: in Treviso the judge compensates a substitute defended by Anief lawyers with 1,500 euros
TEACHER’S CARD – In the school you cannot have teachers who are not up to date and not trained, in Treviso the judge awards 1,000 euros to a teacher: the quality of teaching must be guaranteed
SCHOOL – Annual substitutes unite: the Teacher’s Charter is your right. In Verona the judge awards 2 thousand euros to the precarious worker with “legal interest and monetary revaluation”. Pacific (Anief): the State is spending a lot
SCHOOL – Teacher’s card for temporary workers, record sentence in Pistoia “branded” Anief: a teacher recovers 3,500 euros in one fell swoop, equal to seven years of non-assignment of the electronic purse
SCHOOL – Teacher’s card will again be denied this year also to substitute teachers with contracts until August 31st. Anief: it gets worse, 80 thousand more temporary workers could appeal in court with further damage to the treasury
SCHOOL – Teacher’s card, former temporary workers who are currently employed are also entitled to it: in Treviso 2,500 euros to a teacher for annual substitutions carried out between 2018 and 2023
SCHOOL – The work of the substitute is equal to that of the permanent colleague, 1,500 euros plus interest from the Court of Rovigo to a temporary worker for failure to assign the teacher’s card between 2021 and 2024: …
SCHOOL – Teacher’s card, temporary workers have a key to obtaining it: the appeal with Anief lawyers. In Velletri 1,500 euros to a teacher who carried out substitute work between 2017 and 2020
SCHOOL – Even substitute teachers must enhance their professional skills, in Rome the Court condemns the administration to pay 1,500 euros to a substitute teacher for failure to assign the teacher’s card
SCHOOL – Even temporary educators have full right to the teacher’s charter, from the Court of Rovigo 1,000 euros to the substitute who appealed through Anief
SCHOOL – Teacher’s card, also goes to temporary workers who carry out “temporary service until the end of teaching activities”: 2,000 euros from the Court of Vicenza to a substitute with service between 2019 and 2023
SCHOOL – Teacher’s card, also goes to temporary workers who carry out “temporary service until the end of teaching activities”: 2,000 euros from the Court of Vicenza to a substitute with service between 2019 and 2023
SCHOOL – Teacher’s card, super compensation in Messina: 3,000 euros plus interest to a substitute from 2018 because all teachers have the right to train, the winning line accepted once again …
SCHOOL – Teaching charter for nursery school teachers, for the Court of Messina it is an established principle of law for all annual substitute teachers. Anief: Tens of thousands have already benefited from the appeal
SCHOOL – Teacher’s card also for temporary educators, 1,000 euros plus interest assigned in Rovigo following the Anief appeal: equal to primary school teachers and like them they have full right to …
SCHOOL – Teacher’s card also for the substitute who worked with “short” contracts: for the Court of Padua the important thing is that they are consecutive and extended over time, 1,500 euros to the teacher who appealed with Anief
SCHOOL – Teacher’s card for temporary workers, in Venice the labor court says yes to the Anief appeal: 1,500 euros with revaluation to the teacher who carried out three annual substitutions before taking up the role
TEACHER CARD – If there is “a significant continuity of teaching” it also goes to temporary workers with short substitutions: the Court of Vicenza awards 2,500 euros to a temporary teacher because the duration of the contract “justifies full recognition”
