One more note of clarification on the unfortunate issue of recovery / recognition of the year 2013 by the teaching staff and ATA for the purpose of career progression and salary adjustment. This time, USR Sicily has provided further information, which essentially confirms what was recently mentioned by USR Marche and Lazio.
Presidential Decree no. 122 of 2013 extended until 31 December 2013 the provisions pursuant to article 9, paragraph 23, of decree law no. 78 of 2010, which established that the years 2010, 2011 and 2012 are not useful for the purposes of accruing salary positions and the related economic increases envisaged by the contractual provisions in force.
With subsequent interventions, the usefulness of the years from 2010 to 2012 was recovered, while 2013 was not, and therefore cannot be considered useful.
USR Sicily explains that “the constitutional illegitimacy of the aforementioned provisions has never been declared. Judgment no. 178/2015 of the Constitutional Court, used to support the many warnings received by educational institutions, establishes that the renewal of the block for the three-year period 2013-2015 and the rule that blocks the disbursement of the contractual holiday allowance until 2018 integrate a violation of trade union freedom pursuant to art. 39 paragraph 1 of the Constitution“.
“The 2015 Stability Law (Law No. 190 of 23 December 2014) – highlights the note dated March 16 -, extending the “lockdown
negotiation”, would have in fact “made the contractual blocks introduced with the previous legislative provisions structural”, thus causing a situation of constitutional illegitimacy that had arisen. Of all the complaints proposed, the Court only accepted the one relating to the violation of art. 39, paragraph 1, of the Constitution: in fact, under the latest extension, the negotiating block had reached the duration of six years, a duration deemed such as to jeopardize the trade union freedom of civil servants as it was no longer justified by the emergency situation of economic crisis .
In the judgment in question, the art. 36 of the Constitution does not enter at all into the balance of the Court, which focuses, however, exclusively on trade union freedom.
Therefore, the rejection of the complaint relating to art. 36 of the Constitution meant the clear exclusion of any possible compensation or indemnity claim“.
Note USR Sicily