Teachers of the Catholic religion insecure, compensation for injuries on the road

In connection with the temporary employment of Catholic religion teachers in public schools, both the extension of annual reports with automatic renewal for a period of more than three school years, in the absence of a call for competition, abuse in the use of fixed 3 years and uninterrupted use of the teacher, provided that in the latter case a total duration of the maturity of more than 3 years is determined. In case of abuse, the teacher is entitled to compensation for the so-called Euro-unit damage in addition to, if proven, the compensation of the major damage that is suffered, as the conversion to a fixed relationship is not recognizable. This was established by the working section of the Court of Cassation, sentence no. 18698 of 9 June 2022.

Repeated term conditions

A Catholic religion teacher in the primary school acted before the Court against MIUR, revealing that due to repeated time-limited conditions he had served continuously from the school year 1993/1994 until the time of filing the complaint in the first degree (as 2011/2012) and insists, subject to being declared fit in the ranking of the 2004 competition, to declare his right to permanent employment and, in any event, compensation for injury, also for the misuse of circumstances complete.

The recognition of the right to compensation

The Court recognized the exclusive right to compensation for damages resulting from the misuse of fixed-term relationships, which it liquidated (under Article 32 (5) of Law 183/2010) for a period of 10 months of the final global salary in lieu of reject the request to establish the right to employment. The judgment was upheld by the Court of Appeal, dismissing both the main burden of the MIUR and the random one for the worker with whom he had insisted on the conversion of the permanent relationship.

Repetition of fixed-term contracts and Euro-unit rules

The Supreme Court argues by rejecting the appeal lodged by MIUR concerning the question of the system of fixed-term contracts as regards their repetition and the Euro-unitary rules prohibiting their unlimited extension in order to meet the needs of permanent employers, defining three principles:

  • “In view of the impossibility of the permanent conversion of the annual contracts of non-permanent teachers of the Catholic religion in progress, for which the collective bargaining provides for the confirmation of the maintenance of the conditions and requirements prescribed by the current provisions of the law, the same conditions continue, despite the repetition of them over time, and this due to the guidance of the Court of Justice in the case, according to which the interpretation of national law in accordance with EU principles can not cause harm for workers without prejudice. to the right to compensation for damage resulting from failure to convene the three-year competitions as provided for in the Act on access to the roles “.
  • “In the special scheme of fixed-term employment of Catholic religious teachers in public schools, according to Act 186/2003, both extension of annual reports with automatic renewal or in any case without resolution of continuity for a period of more than three school years, in the absence of convocation to the three-year competition and uninterrupted use of the teacher for some years due to exceeding in relation to the needs, provided in the latter case that a total duration of term relationship exceeds Three years. so-called Euro unit damage, with application, also due to the seriousness of the damage, of the parameters mentioned in Art. 32, c. 5, L. 183/2010 (later, Art. 28, co. 2, Legislative Decree 81/2015) in addition to relief , if proved, by the slightly greater damage, as the conversion of the law into temporary conditions can not be recognized. indefinite “.
  • “Contracts for the employment of non-permanent religious teachers in public schools have an annual duration and are subject to automatic confirmation, in accordance with the provisions of the collective bargaining agreement, to the maintenance of the conditions and requirements laid down in the applicable provisions of the collective bargaining agreement. law, but it is also allowed to recruit for a temporary period, on the basis of contracts motivated by the need to replace previously appointed teachers, or for the strict time necessary for the implementation of the appointment in the role due to bankruptcy proceedings already completed or to close bankruptcy proceedings in place, justified in such cases to the Ministry, if Iorga’s challenge for compensation for abuse in the repetition of the use of fixed-term contracts, the burden of proof of the legitimacy of the cause, which, if found, excludes such contracts from the calculation for the integration of the aforementioned misdemeanors and “.

The rejection of the claims by MIUR

With regard to the specific case, the Territorial Court of Cassation’s approval of the request was based on a continuous repetition of the contracts, noting in particular how other competitions had been missing after the three-year validity of the first (2004) / 2007), so that the abuse in connection with the maintenance of the insecurity certainly took place when the teacher, after working for three years, subsequently, from 2007/2008, while continuing uninterrupted in the teaching of the Catholic religion, was unable to benefit from the introduction of The competitions required by law.

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