'Boards ignore mrs with further opening of secondary education'
De AOb receives various signals that school boards are opening up education further without waiting for permission from the participation councils (MRs). “It is absolutely impossible,” says AOb-driver Henrik de Moel. “Consent of the (p)mr is a legal obligation that a school board cannot ignore.”
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The cabinet believes that - under strict conditions - the one and a half meters away between students in secondary education can be lifted. That does deliver contagion risks for students and staff. According to the Working Conditions Act, the employer is obliged to assess the risks to the health of the employees in every new situation, and to take the necessary measures. to consult with the (p) mr (or the works council if it concerns a secondary/mbo school).
Boards sometimes say that 'it just has to be done by the minister'. But an MR has the legal right to consent, a minister is not above the law
The mr must pay attention to a number of important points when further opening education. Such as how the school will ensure that the students actually perform a self-test twice a week, how the school will ensure that the distance rule between students and staff is still maintained, whether the ventilation is in order, and so on.
With most measures, both the personnel section of the mr and the mr as a whole have a right of consent. If the (p) mr is not convinced that the school is taking sufficiently effective measures to guarantee the safety of staff and students, consent may be withheld. (Read more about this in our guide).
Opening plan
"Signs are coming in that some boards are opening the school without the permission of the mr," says AOb-driver Henrik de Moel. “Sometimes there isn't even an opening plan. Sometimes such a plan is there but it is not presented to the (p) mr, or the decision of the council is not awaited or overruled. Boards also sometimes rely on the fact that 'it simply has to be done by the minister'. But the (p) mr has a legal right of consent, and a minister is not above the law.”
Dispute
If the school continues to open education without the consent of the (p)mr, there is a 'compliance dispute'. These disputes can be submitted to the National Committee on Disputes WMS are being proposed. “Do this above all”, advises De Moel. “As a mr, you must be convinced that this further opening at your school can take place safely in your situation, without major risks for teachers, support staff and students. That is a crucial task that the employer should not just hide under the table.”
