Legal advice: Senior leave, no less lessons
From this school year, MBO teacher Anneke will be taking senior leave. To her surprise, however, her classes are not declining. She submits her standard annual job to the AOb.
Picture: Nanne Meulendijks
As of this school year, Anneke will make use of the seniors' leave scheme. After receiving the new schedule and her standard year assignment, Anneke finds out that taking seniors' leave, 170 hours per school year, has not led to a reduction in class. This is a disappointment, especially because she pays a personal contribution of 45 percent for taking senior leave. Anneke presents her standard year task to the lawyers of the AOb.
Employability Framework
The collective labor agreement for MBO has an employability framework, which means that an employee with a full-time employment contract has a standard annual work of 1659 hours, which is subdivided as follows:
- 1200 hours for teaching and work directly ensuing therefrom;
- 459 hours for the organization and development of education, including professionalisation, consultation, coordination and coordination.
The teaching team may, incidentally, deviate from the employability framework, subject to a unanimous decision. This is not the case in Anneke's teaching team.
The manager acknowledges that the collective labor agreement has not been applied correctly and has reduced the teaching task.
Anneke's standard year assignment shows that this school year she will be deployed for 1200 hours for teaching tasks and 289 hours (459 hours – 170 hours) for other tasks. Senior leave therefore only leads to a reduction in the other tasks and not to a reduction in her teaching tasks.
The legal assistant of the AOb notes that this approach is incorrect. In the most recent collective labor agreement for secondary vocational education, it was clearly agreed that the employability framework by taking seniors' leave is calculated on the basis of the material working time factor. In other words: the hours for the work in both parts must be reduced proportionally.
Reduction
For Anneke this means that, by taking seniors' leave, instead of 1200 hours, she can only be used for teaching tasks for a maximum of 1077 hours. A reduction in the teaching task does mean that Anneke can be used for more other tasks. After all, Anneke has a standard annual job of 1489 hours with a full-time employment, minus the senior's leave. If the lesson task is reduced to 1077 hours, the employer may use her for other tasks for 412 hours, instead of her current commitment of 289 hours.
Conversation
After consultation with the AOb Anneke talked to her manager. The manager acknowledges that the collective labor agreement has not been applied correctly and has reduced her teaching duties. Anneke has now also made good agreements with her manager to fill in the hours still open for other tasks.
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