One of the "open wounds" in the Haredi sector is the employment of thousands of substitute teachers for long periods of time in the schools of the "Independent Education" network.
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These teachers perform their duties with dedication and loyalty, often for years, but their salary is determined on an hourly basis only - just as the salary of substitute teachers is determined on a one-time basis.
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Following a request for class action certification filed by two substitute teachers, it appears that this gaping wound is facing a solution.
As first revealed On the Haredi website 10 A year and a half ago, a request was submitted to the Tel Aviv Regional Labor Court to approve a class action lawsuit against 'Independent Education' for a whopping 151,000,000 shekels. The request was filed by Attorney Anat Shani and Attorney Pini Kalman, on behalf of two Haredi teachers who worked as substitute teachers at 'Independent Education'.
According to the allegations in the request for approval, the two substitute teachers claim that they were employed by the Independent Education Department for over 51 days, but were paid a fixed hourly wage, and not according to their seniority. As a result, they did not receive the training fund and dormitory allowance to which regular teachers are entitled.
According to the claim in the request for approval, this conduct constitutes a violation of the Teaching Staff Service Regulations and the directive requiring payment of salary and allowances as paid in formal education.
A year ago, on February 24, 2022, Independent Education submitted its response to a request for approval of a class action lawsuit, claiming that the network is exempt from paying substitute teachers according to the rights of teachers in the standard.
According to the claim in the 'Independent Education' response, even in the Ministry of Education, substitute teachers who are employed for more than 51 days are not paid the salary of regular teachers, but are paid a fixed hourly wage.
This is what the Independent Education response states: ""The provision in the regulations on which the applicants attempt to base their request for approval Not implemented in practice In official educational institutions in the manner in which the applicant requests it to be read (as if substitutes who are assigned to work more than 51 working days in an academic year are entitled to additional dormitories and contributions to the continuing education fund or as if their salary is calculated according to rank and seniority)). Thus, in practice, even in official educational institutions, the salary of substitute teachers employed for a period of more than 51 days is calculated and paid according to a fixed hourly rate ("effective hours") and not according to personal data (rank and seniority). Furthermore, such teachers in official educational institutions do not receive a dormitory supplement and a continuing education fund.".
Meaning: The dispute between the teachers who are suing for 'independent education' is whether a substitute teacher who works for a period of more than 51 days in a school year is entitled to the same salary as a regular teacher, with the full social rights to which female teaching staff are entitled under the standard, according to the scope of her position and her personal data, or not.
These are cases where filling the position is required for an extended period. Such as, for example, in cases of replacing a teacher who has gone on maternity leave, a sabbatical, a long illness, etc.
In light of the controversy over the matter, Judge Dagan Tochmacher ordered the state's position to be accepted.
On December 14, 2022, a dramatic position was submitted on behalf of the state, submitted by the Attorney General's Office, regarding the salaries of substitute teachers in 'independent education'.
The state's position explained that a distinction must be made between filling an hourly position in an individual case and filling a position for an extended period. Accordingly, when it comes to filling a position for an extended period, such as replacing a teacher who has gone on sabbatical, maternity leave, illness, etc., in such a case, the substitute teacher is entitled to a salary that embodies all the conditions that teachers are entitled to, according to personal data, and that it is impossible to be satisfied with an hourly salary.
After accepting the state's unequivocal position, the 'Independent Education' argued in court that the state's position only refers to the current situation in formal education, after the 'New Horizon' reform. Further, it was argued that the state's position does not refer to the 'old world', i.e. the employment conditions of substitute teachers before the reform. Therefore, the 'Independent Education' argued, the state's position, as it were, is irrelevant.
Yesterday, on March 19, 2023, the state submitted a response to the claim of 'Independent Education', in which it rejected the claims in the matter.
The state reiterated that with regard to the terms of employment of a substitute teacher for an extended period, there is no difference between what is currently practiced in the 'New Horizon' and what is practiced in the 'Old World', and that they are entitled to the full rights of teaching employees.
The state's position, in itself, may be important news for many substitute teachers, who, although they are called 'substitutes', are in practice teachers for all intents and purposes.
Haredim Report 10 notes that it can be estimated that in light of the state's unequivocal position presented by the Attorney General's Office, the substitute teachers' lawsuit against the "independent education" will be accepted.
If this is indeed the case, then not only will the substitute teachers in 'independent education' begin to receive the salary of a regular teacher, regardless of whether they received a standard or not, but they will also be entitled to all the rights that result from this, such as a continuing education fund and a dormitory supplement, which will be paid up to 7 years back from the time the claim was filed. That is, since 2014.
According to estimates, 3,600 substitute teachers work in Independent Education.
