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The Covid vaccine is getting closer and closer and those who refuse to be vaccinated may lose their jobs.
On December 21, the European Medicines Agency – Ema – gave the green light to Pizer-Biontech vaccine. The 27th will be the “day of the vaccine”, a symbolic day in which the first vaccines will be administered to those who wish it throughout Europe. However, the actual vaccination campaign in Italy will start in mid-January. except for delays due to the English variant of the recent virus. In recent weeks there has been a long debate about the possibility of imposing the vaccination obligation. Former Premier supports this solution Matteo renzi, the senator of Italy Viva Davide Faraone, the deputy of the PD Andrea Romano and even the actor Alessandro Gassmann who has proposed to prohibit access to almost all public places for those who refuse to be vaccinated. However, most Italians have doubts about the drug’s safety, especially after the allergic reactions that occurred in Great Britain and Alaska following the injection of the Pfizer vaccine. And even some experts like the microbiologist Andrea Crisanti and virologist Maria Rita Gismondo they declared themselves perplexed. In addition, there are many other experts who, on the other hand, consider the vaccine as what will take our hearts out of the Covid nightmare. The teacher Pier luigi lopalco, health counselor in Puglia, has always been one of the most convinced voices and, a few days before the day of the vaccination, he told Adnkronos: “2021, already in summer, we can consider it the year of the turning point. Vaccines will help us put this nightmare behind us ”.
And after doctors, politicians and actors, now a jurist also intervenes in the matter: the magistrate Raffaele Guariniello. Interviewed by Il Fatto Quotidiano, Guariniello argued: “Protecting health means vaccinating as many people as possible. It is not a moral indication, it is what the law requires ”. Therefore, the law does not foresee obliging the subject to be vaccinated, but rather provides that the employer is obliged to protect the greatest number of employees who work for him. Therefore, in that sense, a person who will refuse the vaccine may even be fired. The magistrate specified: “No one can be forced to receive medical treatment except by law, provided for in the Constitution. The same rule requires the employer to temporarily leave the worker in case he is unfit for work on the recommendation of the competent doctor. The law also establishes the obligation to remove the worker and assign him to another job, but only when possible.However, if the organizational structure of a company makes it impossible to relocate an unvaccinated employee, the worker runs the risk of seeing himself termination of the employment contract: ” The Supreme Court considers that this repechage obligation cannot be considered violated when the relocation of the worker to the company is not compatible with the organizational structure. Therefore, the employer is obliged to prepare organizational measures to protect the job, but if this is not possible, the employment relationship is put at risk. “.
Now, with Italy in a state of emergency until January 31, layoffs were blocked. Also, most people work from home in smart work mode. But the problem of the vaccine, or rather, who will reject the vaccine, could arise when we all go back to the office, to the workshop or to school. In short, when relationships with other subjects resume at full speed. Guariniello Explain: ” The fragile worker has the right to smart work. But the problem could arise in the future. Some may complain about the violation of personal freedom by not undergoing the vaccine. He could, but to be right he would first have to change the law. Otherwise, the legislation is clear. “
