Court dismisses Ministry appeal, ruling teacher's extra hours fall under favorable supplementary allowance rules.
Italia (IT)
Sintesi Legislator
Generato dall'IAThe Supreme Court rejected the Ministry of Education's appeal against a lower court ruling in favor of a teacher regarding his overtime pay. The teacher argued that hours exceeding the mandatory 18 per week should include a special supplementary allowance, which the Ministry claimed was excluded under the 1995 collective agreement. The court upheld the lower court's finding that the teacher's specific situation warranted the application of more favorable regulations, thereby dismissing the Ministry's arguments.
Regesto Legislator
Generato dall'IAArt. 70, comma 3 CCNL Scuola 1995; Art. 6 DPR 209/87; Art. 3, comma 10 DPR 399/88: When teaching hours exceed the mandatory quota due to additional classes or colleague absence, the special supplementary allowance must be included in the calculation of the extra remuneration under the more favorable statutory criteria.