The vaccination obligation has also been extended for school staff. The much discussed measure was included in the super green pass decree published last November 26 in the Official Gazette and sent to Parliament for approval.
From next December 15th the vaccination constitutes essential requirement for carrying out the work activity in the educational field.
In case it does not turn out carrying out the vaccination, or submitting the vaccination request, school administrators and managers of other institutions required to ensure compliance with the obligation invite the person concerned to produce the documentation within 5 days proving that vaccination has been carried out, or the request for vaccination, or the non-existence of the conditions for the vaccination obligation.
In the case of submission of the vaccination request, it must be carried out within 20 days of receiving the invitation and the documentation must be sent no later than 3 days after administration.
In case of non-presentation of the documents to be produced within 5 days of the invitation, the same school administrators and the heads of the other institutions ascertain the non-compliance with the vaccination obligation and notify the person concerned in writing. The ascertainment of the non-fulfillment determines the immediate suspension of the right to work, without disciplinary consequences and with the right to keep the job. For the period of suspension, the salary is not due.
The suspension is effective until the communication of the start or subsequent completion of the vaccination cycle or the administration of the booster dose and in any case no later than six months from 15 December 2021.;
School managers and heads of other institutions replace suspended teaching staff by assigning fixed-term contracts which are resolved by law following the vaccination of the holder.
The carrying out of work by school staff in violation of the vaccination obligation involves the application of a pecuniary administrative sanction (which is further than the pecuniary administrative sanction envisaged for the control obligation).
The government explains why it has made compulsory teachers and Ata
The government, in the explanatory report accompanying the provision, has attached some sentences of the Constitutional Court and the Council of State which demonstrate how compulsory is perfectly in line with constitutional dictates.
“As for the provision of the vaccination obligation – reads the document published by Fanpage – it must be considered that the good of health protection, as a ‘fundamental right of the individual and collective interest’, is ontologically dualistic, noting, on the one hand, in its individual and subjective meaning and, on the other, in its social and objective “.
She is remembered sentence no. 218 of 1994 of the Constitutional Court, which establishes that the right to health protection carries with it “The duty of the individual not to harm or put at risk the health of others with his own behavior, in compliance with the general principle that sees the right of each one to find a limit in mutual recognition and equal protection of the coexisting rights of others”.
In this context it is also recalled article 32 of the Constitution, according to which “The compulsory health treatments referred to in the second paragraph must be functionalized to the ‘protection of health’ (to be understood as the individual’s right to their own health) ‘and’ as a ‘collective interest’ (i.e. collective interest in collective health ) “.
The choice of compulsory vaccination, instead of the generic recommendation, is also motivated with sentence no. 5 of 2018 of the Constitutional Court, which states that the need to balance the multiple principles at stake “It leaves room for the legislator’s discretion in choosing the methods by which to ensure effective prevention from infectious diseases, being able to select the technique of recommendation at times, at other times that of obligation. This discretion must be exercised in the light of the various sanitary and epidemiological conditions, ascertained by the authorities in charge, and of the ever-evolving acquisitions of medical research “.
School staff vaccination obligation, compulsory third dose. When to do it? Within the terms of validity of the Green pass. Changes in the decree published in the Gazzetta
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