Precarious employment in schools: court ruling recognises accrued length of service

A ruling by the Court of Rimini has recognised a teacher’s length of service accrued whilst on a temporary contract (pre-permanent post) and awarded him approximately 4,000 euros in back pay. The appeal was lodged as part of a legal action brought by CISL Scuola Emilia-Romagna, directly by Luca Battistelli, the union’s regional general secretary. The aim was to safeguard his own position and, at the same time, pave the way for other teachers in similar circumstances. The legal proceedings were handled by lawyer Veronica Pepoli.

The judge, explains the CISL, ordered a reassessment of the employee’s career, recognising the length of service accrued during their pre-permanent post in accordance with the principle of non-discrimination set out in Clause 4 of the Framework Agreement on Fixed-Term Work. The ruling resulted in the recalculation of the salary grade, early progression to the next pay bands and the award of approximately €4,000 in back pay, within the limits of the five-year limitation period, in addition to statutory benefits. The defendant authorities were also ordered to reimburse the legal costs. “This is not a request for a privilege, but for recognition of work that has actually been carried out. For years, thousands of teachers have ensured the smooth running of our schools through precarious employment and, once they gained permanent status, they were only partially recognised for that length of service. Equal work must be met with equal recognition,” says Battistelli.