Home » Pay denied to professors who are suspended, the judge’s decision: the principals cannot do it

Pay denied to professors who are suspended, the judge’s decision: the principals cannot do it

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PORDENONE. The judgments of the labor judges of Pordenone and of the Trieste Court of Appeal have made it clear that school managers cannot suspend teachers from their service and deprive them of wages for the days the measure is effective.

Two suspensions from service had occurred in Pordenone and others in the peripheral belt. The one-day suspension from work had also blocked the salary and a couple of disciplinary measures had been challenged: the charge had ended in court, about a year ago. The first two sentences condemned the school administration to pay compensation to teachers, with the result of the provision canceled. And despite the administration’s appeal against the State Attorney’s Office, the line of the Pordenone labor judge had been confirmed.

The second-degree magistrates agreed with the suspended teachers because this type of disciplinary measure is not provided for by the law: school heads can impose censorship as much as possible, based on complaints such as verbal offenses, failure to comply with professional duties.

The sanction of suspension from service and deprivation of wages, on the other hand, remains foreseen for administrative employees, janitors and technicians in the Ata professional profiles.

To confirm this, in the light of the aforementioned sentences, the Regional Education Office, which clarified, in the decree of 5 May 2021, that the school head is not competent for any sanctions to teachers higher than censorship.

The director of the Fvg school Daniela Beltrame has identified the managers responsible for the offices for disciplinary proceedings and structures and has made it clear who is responsible for the procedure to be adopted. «The jurisprudence has sanctioned the illegitimacy of a rule that continues to recognize the competence of school managers until the suspension of ten days from service and salary – commented the lawyer Marco Barone in“ Horizon school ”-. It is necessary to review it because it is outdated ».

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For janitors, technicians and administrators, on the other hand, the suspension is foreseen with respect to conduct that is punishable because they do not respect the rules at school. The process includes several stages for the investigation: the sanction with suspension of up to ten days from the service (and salary suspended) and the call for a cross-examination, until the conclusion of the disciplinary procedure. For “undisciplined” and disobedient teachers, after the director’s censure, any more serious sanctions must instead be decided by the managers, indicated by the regional office.

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