Catching up hours is eroding the right to strike
Various AOb-members have to make up for suspended hours from their management or board, otherwise the statutory teaching time will not be met. Nonsense, say the lawyers of the AOb and the FNV, because striking - not working - is a fundamental right. Moreover, almost all schools easily achieve the legal teaching time.
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There are members of the AOb after the action of 5 October, their management or board asked them to make up for the hours not worked. As an argument for this, the management or board says that otherwise the legally required teaching time would be endangered. As a result, the Education Inspectorate could issue negative assessments or even sanctions. These members wonder: Is the school board right?
Fundamental right
No, because striking is a fundamental right, say the lawyers of the AOb and FNV in unison. The right to strike is enshrined in the European Social Charter and simply means that you have the right to take collective action. But those who strike cannot be forced afterwards to make up for lost hours. According to the lawyers, that would mean an erosion of the right to strike by invoking the Education Time Act.
When teaching time is compromised, the board is ultimately responsible for making sure that time is still set up. This can be done by letting current staff work extra, but for an additional fee. Or by temporarily or otherwise appointing extra staff to meet the legal minimum. But what about teaching time actually?
Before the legal teaching time is really endangered, a strike often has to take place within eight years.
Hours
According to the law, primary schools must give at least 7520 hours in eight years, of which at least 3520 hours in four years of lower secondary education and 3760 in four years of upper secondary education. The school itself may divide 240 hours between the lower or upper classes. Schools almost all achieve this, according to a spokesperson for the Education Inspectorate, because they often schedule a few more hours than is legally required. Before the legal teaching time in a pupil's school career is really endangered, it often takes eight years to stop.
Moreover, sanctions never immediately follow, but the inspectorate says that if there are signs of a shortage of teaching time, the inspectorate will first discuss causes and solutions with a school. Furthermore, the inspectorate emphasizes that the assignment to meet the teaching time is separate from the right to strike. It is an assignment for the boards and not for individual employees.
Report
Members dealing with requests to make up for discontinued hours can disregard this and refer their employer to the website of the AOb. If this does not solve the problems, report this to the employees of the Information and Advice Center of the AObso we can take action.
