As is now known, on November 26, the Court of Justice issued its ruling regarding the reiteration of fixed-term teachers' contracts.
On the merits, from the arguments reported in the ruling, it is clear that the Court of Justice does not consider it unlawful for a State to have a special case law that allows for the renewal of contracts, but such renewal must be justified by "objective reasons" (specific needs, such as the need for a substitute teacher in the absence of the employer) and that the legislation governing fixed-term employment must contain specific rules that allow for adequate verification of the existence of objective reasons. Such objective reasons do not exist in the case of contract renewals (June 30, August 31) for more than 36 months in total.
In its ruling, the Court of Justice clearly states that Italian law is completely devoid of any regulation governing the stipulation of fixed-term employment contracts that protects workers from the abuse of repetitive contracts. This legislation also fails to provide for compensation for damages, and therefore conflicts with the provisions of the treaty.
Our organization has already filed appeals regarding the dispute with the labor court and we are awaiting the ruling on the merits, which should take into account the position expressed by the Court of Justice.
For those who have not yet filed an appeal, we believe that litigation can be initiated in the following cases:
Individuals who have not yet filed an appeal, but who are currently holding a fixed-term contract, if they have exceeded the thirty-six-month term established by EU legislation. In this case, these individuals may challenge the contract in order to request the conversion of the fixed-term contract into a permanent one/compensation for damages; Individuals who have held fixed-term contracts, with renewals exceeding a total of thirty-six months, and have not yet challenged the last contract.
THE FORM FOR CHALLENGING THE CONTRACTS WILL BE AVAILABLE SOON AT OUR OFFICES AND SENT BY EMAIL TO THOSE WHO ARE INTERESTED.
WE ARE ARRANGEMENTS IN THE COMING DAYS WITH THOSE WHO INTEND TO SUBMIT AN APPEAL, TOGETHER WITH CISL SCUOLA FERRARA AND THE LAW FIRM OF AVV. PICCI, IN ORDER TO PROVIDE FULL EXPLANATIONS.
We advise interested parties to begin producing the necessary documentation (fixed-term contracts).
FURTHER INFORMATION WILL BE COMMUNICATED BY EMAIL.
A greeting.
The Secretary General
Alessandra Zangheratti
