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Or the vaccine, or the job. Even according to the labor lawyer Pietro IchinoIn fact, those who were to give up the anti-coronavirus serum could be expelled. In short, you could lose your job. In an interview with Corriere della SeraIn fact, Ichino explains that it is mandatory for the employer “to take all the measures suggested by science and experience, necessary to guarantee the physical and mental safety of people who work in the company, their well-being. Among these, therefore, also the vaccine. Masks, gels, and distances are no longer enough.
When Ichino is asked if, legally, it is possible to fire an employee who says “no” to the vaccine, he responds: “Not only can it be, but in many situations it is expected.” The reference is to “article 2087 of the civil code obliges the employer to take all the measures suggested by science and experience, necessary to guarantee the physical and mental safety of the people who work in the company, their well-being. “It’s almost a duty to fire, at least according to Ichino.
This is a just cause: “Anyone can refuse vaccination, but if this puts the health of other people at risk, the refusal will constitute an objective impediment to the continuation of the employment relationship“, Resume Ichino. This despite the fact that the Constitution recognizes the freedom to withdraw from treatment, because that rule, emphasizes” contains two principles. First, it establishes that of protecting the health of all; then it provides freedom of choice and refusal of therapy. But when the choice of not caring determines a danger to the health of others, the protection of this prevails ”, concludes Ichino.
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