The paradox was emphasized by the former magistrate expert in occupational safety Raffaele Guariniello. From next August, a customer who wants to dine in a restaurant will be obliged to show his green pass to a waiter who, on the other hand, does not have the obligation to obtain a certificate. Contradictions aside, the issue of the green pass for the government is decidedly thorny.
Mario Draghi does not want to risk missteps. In the coming days, the Minister of Labor, Andrea Orlando, will convene Confindustria and trade unions to discuss the issue. The method, explain sources of the ministry, is that of social dialogue also on this aspect, as for the protocol for vaccinations in the workplace adopted last April which was very successful precisely because every step was agreed with unions and employers. of work.
The green pass and the world of work
Orlando’s, but also Draghi’s, will be a mending job after the diffusion of the internal letter with which Confindustria had revealed to the associated companies an interlocution with the government to make the pass mandatory in the workplace. To irritate the unions was the passage in which there was talk of a possible change of job or even a suspension from the salary for those without the green pass. In reality, the proposal for Viale dell’Astrononomia was intended as a vaccination obligation which it is not. In fact, there are three ways to obtain the green pass. There is not only the double dose of vaccine (which gives coverage for nine months), there is also the pass for those who have recovered from Covid and for those who have had a swab for less than 48 hours.
And precisely the buffers, or rather, their cost could be one of the knots that the negotiating table could be called upon to untie. Who would pay the swab every two days to those who refuse the vaccine? To the company or to the worker?
But the point, in reality, is also another. While the unions are pushing for an update of the agreement on safety in the company signed in April last year with Confindustria, when vaccines and tracking did not yet exist, Viale dell’Astronomia, pressed by the base of entrepreneurs, who in turn must make in the face of pressing demands for worker safety, it would like a rule of law.
“To clear the field of doubts and uncertainties, a legislative measure that conditions access to workplaces, such as restaurants and means of transport, to the exhibition of the green pass, is certainly appropriate,” says the lawyer Pietro Ichino to the Messenger. “But”, he adds, “on closer inspection there would be no need, because Article 2087 of the Civil Code already legitimizes the employer to take all the useful measures, according to science and experience, to reset or reduce to minimum the risk of accidents or occupational diseases “. Also for Maurizio Del Conte, another labor lawyer, a rule of law would be better because a company-trade union agreement would not have the same effectiveness.
But on the government table there is not only the question of the green pass for private work. There is also the issue of the state. This aspect is being dealt with by the Minister for Public Administration Renato Brunetta, who from September would like to push public employees more and more towards returning to the office. But to understand what will happen to the public service, we must first wait for the decision on teachers. If the vaccine obligation were to be introduced for the latter, a similar measure could also arrive for other categories of public employees who are in contact with the public or for those offices where safety distances cannot be guaranteed.
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