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Going back to school has always been an important moment not only for the students but also for the entire school staff and there has never been a year like this accompanied by a whirlwind of emotions.
In fact, if on the one hand there is the fear that there may be a new epidemiological spread that causes a greater blockage, on the other there is the desire for a recovery to normality that, although mediated by masks and physical distancing, may somehow restore Face-to-face teaching.
The normality is to return to the classroom and for the teachers who have intermediate classes, it is to find the students with whom last year a path not only didactic but also to transmit their skills and the true values of life, where the teacher is visualized as a second parent who takes his student by the hand and accompanies him on his school journey to give him the opportunity to look at his future with firm roots.
In order to enable this growth process, it is important that teaching continuity is guaranteed, which represents a basic criterion for assigning classes to teachers, but it can also happen that this criterion is sometimes undermined by the presence of numerous chairs discovered and the subsequent call for alternates who will remain in office only during the current school year.
Class assignment to teachers
The Legislative Decree of April 16, 1994, n. 297, “Consolidated text of the legislative provisions on education”, with reference to Teachers College, among those who comply, art. 7, paragraph 2, letter b, reads as follows:
“Proposes to the didactic director or director the training, the composition of the classes and the assignment of teachers to them, for the formulation of the lesson schedule and for the performance of other school activities, taking into account the general criteria indicated by the club or school board”.
In some cases, the above has generated a bit of confusion and it has been found that the principal has planned the assignment of classes independently, creating considerable discontent among teachers.
Supreme Court ruling on class assignment
In this sense, we recall the recent judgment of Cass. Civil Section Labor Ordinance n. 11548 of 06/15/2020 which represents an important benchmark in terms of class assignment.
The ruling in question, as a result of the appeal of a tenured teacher, established the illegality of the disposition of the school director to assign classes to teachers in the reference school year with which some hours had been allocated to another teacher. of lessons in the classes that had been assigned to the applicant in the previous school year.
In addition, the Supreme Court with the text of July 15, 2011 n. 15618, had established the following principle of law:
“In the contracted public employment relationship, the employer’s Administration is obliged to comply with the obligation of correctness and good faith, which can also be specified in the procedural rules established by collective bargaining, both sectoral and complementary, as in this case the obligation to motivation for the choice of teachers regarding the assignment of objective functions to teachers of public schools, an obligation that is not fulfilled with the mere result of a secret ballot; the violation of this obligation can be reported by the employee without the burden to prove that the administration’s decisions, had they been respectful of these procedural norms, would have been in their favor ”.
It is clear that by virtue of this ruling, the Directors, although they continue to be endowed with their personnel management powers, must nevertheless comply with the decisions of the Institute Council and the Faculty.
The assignment of teachers to classes is not decided by the principal. Judges: respect the powers of the collegiate bodies
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