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The VfGH ruled in December that the regulation on shift work and the obligation to wear masks in spring was illegal.
09.05, 08. January 2021
Maskengegner they are currently threatening teachers in writing to school administrators criminal consequencesif they don’t oppose the mask requirement in schools. As so-called parent representatives, you are calling based on a December issue Decision of the Constitutional Court (VfGH) in the mask requirement that principals and teachers contradict the requirements of school authorities. Both school authorities and staff representatives see no basis for this.
The VfGH ruled in December that the regulation on shift work and the obligation to wear masks in spring was illegal. the Ministry of Education therefore, it had not been able to explain its decision-making basis for these measures in the Regulation (now expired).
However, since the beginning of this school year, new legal bases apply to the mandatory nature of the mask. They have already been sued, they are however still in force.
Opponents of the masks are now trying to get the teachers to “protest” against them. Therefore, you must inform your superiors that you consider their instructions to be illegal. They must then be submitted in writing. The Vienna Directorate of Education confirmed to the APA that many schools had received such letters. However, these must not be met: the current mask requirement is based on a different legal basis than that repealed by the Constitutional Court.
Staff representatives also appeal to teachers not to comply with the letter. Apart from the new legal basis, a demonstration is only possible against the instructions of a superior; current hygiene regulations, on the other hand, are regulations.
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