SASKU loses its battle for lost hours: Court Decides to Repay

That, according to them, is in line with the general principles of pre-university education laid down with the Law on Pre-university Education. This act was taken by Judge Arjeta Sadiku, where the verdict is said to be MANT is not discriminated against, nor punishable for the plaintiff, nor is it a teacher who is in charge of this decision, reports the “Justice Act for”.

The indictment in this case was exercised after August 27th, 2019, had made a decision to replace lost hours due to the temporary break of teaching in pre-public education institutions as a result of the strike. The August decision said that lost hours would be replaced five days during spring break, five days during the school year, and in five days replaced after the end of the school year.

But against that ruling there was the SBASK, where, through the indictment exercised in court on March 4, 2019, he had sought to annul this decision, claiming it was illegal. Despite the indictment party's claims, the court has put in place the agreed verdict, with the argument that the same is based on the Law for Pre-university Education, and that August is largely responsible for standards planning and ensuring quality in the pre-university education system.

“To decide, the court was initially based on the Pre-university Education Law, which at Article 5 defines the ministry's tasks, meaning the August indictee, which according to this provision the Ministry bears the main responsibility for planning, setting standards and securing the quality of the pre-university education system”, is said among other things in the indictment.

It says that the act is also based on Administrative Guide for the School Year Calendar, with which the required days and weeks of teaching are determined, in which the August tasked with implementing the educational staff's schedule when the teacher is absent by or without reason, and the purpose of paying off lost hours is to realise the pre-plan for the school year. Moreover, it says that in the inability of compensation for unmet hours, the teacher is obliged to find the proper form for the implementation of the respective learning objectives. According to the court, this implies that the compensation of the hours is the responsibility of the teacher himself, which in the concrete case with the ignorance's decision has been determined the form of compensation of lost hours.

“Mbi this base, the court estimates that the indictment-hit indictee's decision is a fair and legal one, because the same has been taken after proving all relevant facts, confirming the legal provisions in force” is said in this case. Otherwise, according to the indictment exercised on March 4th, 2019, the United Education, Science and Culture Union (SBASHK) has called for the annulment of the Ministry of Education, Science and Technology's decision (MASHT) to replace hours lost in the strike case. This was after the SBASK decision of January 10th, 2019, all educational institutions in Kosovo had been on strike from January 14th, demanding increased wage cofficiency under the Law for Salaries. Linked to lost hours to strike, August, February 27, 2019, had ruled on replacing hours lost in the strike, where, according to this decision, lost hours will be replaced five days during spring break, five days during the school year and in five days replaced after the end of the school year.

But with such a decision, the SBASK did not agree, as according to this union, this decision had been contrary to the Law on Gravas and the Kolektive Education Treaty in Kosovo. Disgusted with this decision, the SBASK had exercised indictments, with what cases it sought from the Constitutional Court in Pristina, the Department for Administrative Affairs, annulment of this decision. /Betimi justice