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No Kita contributions back because Kita strike
Neustadt / Wine Route (jur). Municipalities do not have to reimburse parents for kindergarten contributions because of a Kita strike. This was decided by the Administrative Court Neustadt an der Weinstraße in a ruling announced on Friday, July 22, 2016 and confirmed the contribution rate of the city of Speyer (Az: 4 K 123 / 16.NW).
In court, parents had moved from Speyer, who had housed their two children in a nursery in the city. As in 2015, numerous daycare centers for better work and pay conditions went on strike, also made the nursery in Speyer. There was only a limited care offer in the form of a Kita "emergency group".
Meanwhile, the parents shipped their children to their grandparents for two weeks in the afternoon. From the city of Speyer they demanded the reimbursement of the kita and meals. Her children were not housed in the hoard. They also referred to the practice of other municipalities that approved a premium refund.
However, the city government refused and referred to their corresponding contribution rate.
In its judgment of 14 July 2016, the Administrative Court also stated that the parents are not entitled to a premium refund. On the one hand, the parents could have accommodated their children as part of the emergency operation in the kindergarten.
On the other hand, there is no claim because of the corresponding contribution rate. Kita contributions were based on mixed funding and did not reflect the actual costs, but should be regarded as a "general and gradual participation of parents". The contributions would far from cover the personnel costs.
If there is a strike-related temporary closure of the day-care center, the parent's contribution still does not represent an "advantageous equivalent for the continued provision of a day-care center," according to the Administrative Court. Although other municipalities refunded contributions, the city of Speyer is not bound by it. fle