Home » Focus – Covid and Health: no work is done without a vaccine, the Courts confirm the suspensions!

Focus – Covid and Health: no work is done without a vaccine, the Courts confirm the suspensions!

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(by Anna Ammanniti) Health workers who do not want to carry out the anti Covid vaccination cannot work, this is confirmed and confirmed by the Court of Rome with three rather explicit orders.

The art. 2087 of the Civil Code states that the employer must take all necessary measures to protect the physical integrity and moral personality of the workers in the business. For his part, the worker, according to Legislative Decree no.81 / 2008, must take care of his own health and safety and that of the other people present in the workplace, which are affected by the effects of his actions or omissions. These are the main reasons why the judges decided that health workers, therefore doctors and nurses, social and health workers, pharmacists, biologists, psychologists, veterinarians, massage therapists without Covid vaccination are suspended from their activities. The Court of Rome and beyond, has deemed legitimate the suspension of activity and remuneration, suspension that can be renewed for three months in three months until they decide to immunize themselves, in order not to compromise the health of patients and assisted persons. Those who refuse the vaccine cannot continue to carry out their duties and cannot even be relocated to another position, even if a lower one, for which the anti-Covid vaccine is required.

The judge of the Court of Rome explained that the vaccine is considered by the legislator and the health authorities as an “effective and fundamental measure of contagion containment” and that vaccination has been authorized for large sections of the population, a circumstance that excludes the alleged experimental nature of the anti Covid vaccine as there is no scientific evidence to prove the inadequacy of the vaccines in use and the risk of irreversible long-term damage. Faced with the refusal of the vaccine not justified by an ascertained danger to health, and in the absence of alternative jobs available, it is lawful to apply the suspension of activity and pay until 31 December 2021 or until the vaccination obligation is fulfilled.

The three orders of the Court of Rome recall the purpose of the vaccination obligation in certain sectors: the protection of public health and the maintenance of safe conditions in the provision of care and assistance services by operators. These objectives make the vaccine an essential requirement for the performance of health services and a burden for workers, who are required to comply with this obligation. If the health worker does not want to get vaccinated, the judge explained, his employer will have to send a series of communications to the professional order to which the employee belongs and to the Region, which will pass the documentation to the ASL. The Healthcare Company will open a short proceeding against the worker at the end of which, if the employee maintains his position, he will suspend him with an act of ascertaining the non-compliance with the vaccination obligation “from the right to perform services or tasks that involve interpersonal contacts or involve, in any other form, the risk of spreading the infection “. The deed will be communicated to the person concerned, to his employer and to the professional order to which the employee belongs. The employer will check if there is the possibility of entrusting the worker with another job that does not require a vaccine. If this is not possible, it will arrange for the suspension of activity and remuneration. The suspension period may be renewed from time to time if the operator does not agree to join the vaccination campaign.

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In fact, so far all the appeals of unvaccinated health workers have been rejected, the public interest prevails over the freedom of vaccination choice. With the same motivation of the Court of Rome, throughout Italy other judges have rejected the appeals presented by health professionals who oppose the vaccination obligation. The judgments of the courts, TAR and labor courts, have confirmed that the obligation is legitimate and for this reason there seems to be no chance of victory for the many other cases presented by unvaccinated health workers who would like to work the same and receive the salary. According to the latest data released by the Government, there are 35,039 unvaccinated health workers in Italy (weekly report of 27/08/2021 by the Presidency of the Council of Ministers).

Anna Ammanniti

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