ROMA – “The obligation of the Green Pass in the canteens, which seems to be confirmed, albeit in an irrational way, by the government Faq, is frankly contradictory and paradoxical: it is not clear why people who work together cannot eat together, with the safety rules we know”. Tiziano Treu, labor lawyer, lecturer, former Minister of Labor and also of Transport, now president of CNEL, takes the opportunity of the regulatory confusion on canteens to launch an invitation to the trade unions.
The mid-August appeal?
“It is time to update the Safety Protocol to introduce, albeit gradually, the vaccine requirement starting from the workplaces most exposed to the public. The law is only a last resort, it is better to start with the bargaining between the parties and see where it ends. With the Protocol everything is managed, even the canteens ».
Green Pass in canteens, the government intervenes: “It’s mandatory”
by Valentina Conte
President, what amazes you about the current debate?
«I understand the difficulties of the union towards the members. But frankly it is paradoxical that it is precisely the trade union – the Italian one, the most barricadero – to prefer a law to bargaining. I always thought, for my story, that bargaining was the best choice. These are different things, but for years the social partners, now especially the employers, have failed to establish the criteria of representativeness to eradicate the scourge of pirate contracts and refuse the law to do so. Instead, here, in this terrible mess of the pandemic, they want the law on the Green Pass ».
Because a law is stronger.
“There’s no doubt about it, but let’s get it ready. Otherwise we end up like Buridan’s donkey: uncertain between two identical haystacks, in the end he dies of hunger and thirst because he doesn’t know how to choose ».
Law and Protocol are not the same thing, if we talk about protecting the confidentiality of workers’ health data. Or not?
“There are two fundamental principles at stake: on the one hand individual freedom, on the other a general public health risk. The Italian Constitutional Court has said that in the face of this risk, personal freedom can be limited. And what is the point of emergence of this general principle? Article 2087 of the civil code “.
What does he say?
«It says that the employer is responsible for the safety of the workers and must take all measures according to the techniques available to reduce the risk to which they are exposed. It is on the basis of this article that in April 2020 the social partners signed the Security Protocol ”.
It worked?
«Companies are among the safest places in Italy. It was a useful choice, it reduced the risks, it avoided that Article 2087 was administered unilaterally by the employer. We continue along this path, we integrate that Protocol with this new fact that we did not have a year ago: the vaccine. Any judge would say that article 2087 also implies the use of the vaccine, as a means of reducing the risk of workers ”.
Landini (CGIL): “No to sanctions for workers without a Green Pass”
by Roberto Mania
It must also be said that the Protocol was implemented by a law, the number 40 of 2020.
“We will get there. But in the meantime, the parties cannot unload the barrel on the legislator. I invite everyone to sit around a table to consider introducing a targeted, gradual vaccination obligation. Maybe first to the sectors most exposed to the public, to the front desks. In my opinion it works, the workers will accept, there will be no dramatic sanctions that Landini fears. If not, if in 2-3 months the infections increase, if there are many evasions, then the problem becomes general and the law is evaluated. Better a Protocol than workers at home on a salary ».
It is the idea of the entrepreneur Cucinelli. Discriminatory?
“Quite a fair sanction. Public health is at stake. And both the risk of discrimination and violation of health data are overcome and are fought in the Protocol. It is not true that privacy is worth more than anything ».
There are male and female workers who cannot be vaccinated. What do you do in this case?
“The Protocol can rightly protect even those who are to be exempted: this is a sub-problem. The union has always done its part and has always done well. I don’t understand why he is withdrawing now ».
There are also problems for schools and universities. The principals resist. What do you think?
«It is inevitable to impose the obligation of the vaccine, with teachers and students in attendance for 6-8 hours a day. I understand the principals, worried about playing a difficult and unpleasant role: the job description dates back to 1960! But I too have been a teacher for many years and I find him not very responsible. Also because sooner or later it will be necessary to pass everywhere, even on local transport ».
Don’t you place too much hope in this Protocol?
«It made it possible not to block the economy, to make industry and services safe. Before we had sanitation, masks, spacing. We now have the most complete tool of all: the vaccine. Let’s graduate the obligation, but let’s introduce it with confidence ».
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