In view of the regrettable statements by the Secretary of State for Education, which, on the one hand, are trying to call into question FENPROF on the existence of three more final judgments (related to the payment of overtime for replacement service) and, on the other hand, reveal a profound ignorance of the law in force, FENPROF START CLARIFYING:
1. The FENPROF Unions already had three final sentences in their possession;
2.On February 21, 2008, the Northern Central and Administrative Court dismissed three judicial appeals filed by the ME, maintaining an appealed court decision;
3. Thus, there were six final judgments on the matter;
4. Pursuant to article 161, paragraphs 1 and 2, of Law 15/2002, of 22 February (Administrative Courts Procedure Code), the effects of a final judgment may be extended to others in the same legal situation , whether or not they have resorted to judicial proceedings;
5. The provisions of the previous number apply to perfectly identical situations (that is, substitution activities carried out under the ECD, revoked on January 19, 2007) when, in the same sense, five final judgments have been handed down;
6. In view of this, the Ministry of Education has no alternative but to pay all teachers who, within one year, require extraordinary service provided in substitution activities during 2005/2006 and, in 2006/2007, until January 19, 2007;
7. Unless the payment of overtime is authorized, all claimants must file their complaint with the Court that issued the sentence, with the deadlines to be established in the same article 161 of the CPTA;
8. The fact that the ME eventually has 9 sentences unfavorable to teachers is absolutely irrelevant, except for the nine teachers concerned, who, for that reason, will not be able to request the extension of effects.
Accounts made by FENPROF, ME may have to pay more than 3 million euros. These accounts took into account the following criteria:
a) average of 7 substitutions / month / school;
b) 12 months of teaching activity in the 16 covered;
c) Overtime calculated for a 7th grade teacher with a 22-hour teaching schedule;
d) About 1,500 schools / clusters.
This value of more than 3 million euros refers to an estimated total of 126,000 replacements, according to the criteria mentioned above. Imagine what it would be like, as the Ministry of Education likes to say, that teachers give 6 million absences per year?
The National Secretariat of FENPROF