[ad_1]
“Whoever is not vaccinated can be fired. It is not a ‘moral’ sign, it is what the law requires.” This is Judge Raffaele Guariniello’s point of view on vaccination in the workplace. In an interview with Fatto Quotidiano, he explained that “protecting health means vaccinating as many people as possible.” Guariniello cited the Consolidated Labor Safety Law, which in these cases would even provide for the dismissal of the worker (CORONAVIRUS UPDATES – SPECIAL)
“Temporary posting of the worker”
deepening
Covid-19, the vaccine in Italy and in the world: DATA AND GRAPHICS
On the one hand, says the magistrate, there is the “principle by which no one can be forced to receive medical treatment except by the law, provided for in the Constitution.” But in his opinion, the legal provision in this case is there and it would be the Consolidated Work Safety Law, where “it obliges the employer to provide effective vaccines to those workers who are not yet immune to the biological agent, to be administered. by the competent doctor “. And, the jurist continues, “the same rule requires the employer to ‘temporarily dismiss the worker’ in the event of unsuitability for the position ‘on the recommendation of the competent doctor.”
“Termination of the working relationship”
deepening
Covid, the trucks with doses of vaccine left from the headquarters of Pfizer
For Guariniello, in extreme cases the dismissal could be justified. Because the law establishes “the obligation to remove the worker and assign him to another job, but only ‘when possible’. The Supreme Court considers that this repechage obligation cannot be considered violated when the worker’s relocation to the company is not compatible with the organizational structure established by the company itself. Ultimately – concludes the lawyer – 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 ”.
