“Whoever does not get vaccinated runs the risk of being fired”

“Protecting health means vaccinating as many people as possible. It is not a ‘moral’ indication, it is what the law provides ”. Thus, in an interview with Judge Fatto Quotidiano Raffaele Guariniello.
The basis of the reasoning, he explains, starts from the “principle by which no one can be forced to receive medical treatment except by the law, provided for in the Constitution.”

According to the lawyer, this law exists, and it would be the Consolidated Work Safety Law, which “obliges the employer to provide effective vaccines to those workers who are not yet immune to the biological agent, to be administered to the attention of the competent doctor.” Furthermore, “the same norm requires the employer ‘to temporarily dismiss the worker in the event that he is unfit for the job’ on the recommendation of the competent doctor.” The law continues, however, it also 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 – sums up the magistrate – 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, Guariniello continues, “the state of emergency does not allow layoffs, the fragile worker has the right to intelligent work. But the problem could arise in the future. The legislation is clear by providing that the vaccine is available, the removal and the assignment to another job ‘when possible’ of the worker who refuses inadequate.