The Justice of the Balearic Islands guarantees that the autonomous government stops paying public remuneration to teachers of the concerted school who have not accredited the level of Catalan required by the administration, regardless of the subject they teach.
This has happened in at least six recent cases in which those affected have gone to court.
And this is established by a
ruling
of the Administrative Litigation Chamber of the Superior Court of Justice of the Balearic Islands (TSJB), which has dismissed the appeal filed by a
music teacher who taught his classes in two
subsidized
centers in Menorca since 1996
.
The TSJB agrees with the
Balearic Government
that since July 2015 the socialist Francina Armengol has presided and that, following a recommendation of the Balearic court of accounts,
demanded from 2016 to the concerted centers
the fulfillment of the requirements contained in the autonomous legislation called "of linguistic normalization", dating from 1985.
In August 2018, the Ministry of Education agreed to stop financing the salaries and Social Security contributions of the music teacher, as well as the rest of the teachers who were in that situation. He did so after having given a deadline during 2017 for the educational centers to prove that he had the corresponding title in Catalan. The affected person and the centers for which he worked
argued that when he was hired he was not subject to this requirement of linguistic knowledge
and that it was not essential to teach the music subject.
However, the judges of the TSJB consider that regional legislation "already required in 1986" to prove knowledge of Catalan "regardless of the signature taken".
And that this was developed in three subsequent decrees (1997, 2001 and 2003).
The court also wields in its sentence, that the professor
"has not justified even having participated in any of the recycling courses"
that were regulated by the Government in 2013, 2014 and 2018, and that it was only examined after decreeing the suspension of the payments.
For this reason, it denies the reason and the claims to the concerted centers, which demand the restitution of the payments denied during the period in which the Balearic government withdrew their contributions.
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