The teaching assistants are afraid that a part of them will be left without the promised two salaries, and possibly without permanent employment, even though the Ministry of Education recently, answering the questions of "Vijesti", promised that those whose contracts expired on July 10 for a certain period of time, to receive July and August salary, and that the work status will be regulated by the schools where they are employed, in accordance with the regulations.
"Teaching assistants in Montenegro are unjustifiably and illegally divided into four categories: those who have more than three years of work experience in the same school and have received a permanent work permit, those who do not have three years of work experience in the same school, but have received solution for indefinite working hours, assistants who do not have three years of service in the same school, and signed these days, an annex to the contract, a work contract or a work contract based on which they will have income during the current and next month, and assistants who do not have three years of seniority who have been handed a work book, who remain without income for the mentioned two months, and in fear of whether the engagement in the same school will be continued in the next school year", is found in the letter that the teaching assistants sent to "Vijesti" with the note that each of the mentioned categories have evidence.
With the amendments to the Law on the Education of Children with Special Educational Needs, regarding the engagement of teaching assistants, which were adopted on December 29 last year, the assistants gained the right to employment for an indefinite period of time. As explained by the relevant Ministry, teaching assistants who, when the amendments were adopted, were in a fixed-term employment relationship, can establish an indefinite employment relationship only in accordance with the Labor Law and laws in the field of education.
"The question arises as to whether this is a legal differentiation that is harmonized and defined by the adopted law. A few days ago, the minister made a promise that assistants would not be denied the right to compensation for July and August, after which two emails were sent to schools with instructions, according to which all responsibility was redirected to school principals, with interpretation in different ways that resulted in serious confusion both principals and secretaries of schools," the letter says.
In the mentioned e-mails, which "Vijesti" had access to, it is stated that the principals have the possibility "to hire teaching assistants for the work of the work contract, due to the fact that funds are provided in the budget for July and August", while in another e-mail it says "that if there are cases where work contracts with teaching assistants are in force and if there is a possibility to annex them", that they can also legally regulate their status in that way.
"We would like to point out that the institutions managed by the principal are the employers and that they ultimately make the decision," reads the email sent by the Ministry of Education to the principals of the school.
"We are asking for an explanation for the mentioned situation, because we believe that it is a violation of the law, where our fates for who knows how many years in a row depend on the individual's mood, courage or fear, and the current distribution of power. In any case, we will fight for the realization of our rights, and we consider this address to be a correct move with the aim of finally solving our problem, that is, equalizing the conditions for all people engaged in this process", said the teaching assistants.
The Ministry previously said that they have provided funds for the payment of salaries to assistants for July and August 2022, while their employment status will be regulated by the schools where they are employed.
"This means that the workplace must be systematized, approved by the Ministry of Education and that financial resources are provided for it. When all these conditions are met, the school is obliged to publicly advertise the employment of teaching assistants for indefinite working hours in accordance with the needs of that institution, i.e. students and parents. Teaching assistants who have worked for more than 36 months continuously, or with interruptions of no longer than 70 days, can be transformed in their employment relationship in accordance with Article 37 of the Labor Law", says the recent response of the Department of Education.
Bonus video:
