New Covid Decree, no penalties for unvaccinated teachers, salary safe

The decree law 24/2022, the so-called Reopening Decree, has been published in the Official Gazette, confirming the vaccination obligation for school staff until next June 15.

Vaccination obligation until June 15th

The school staff of the national education system, non-peer schools, educational services for infants, provincial centers for adult education, regional systems of education and vocational training and regional systems that carry out the educational pathways and higher technical training must comply with the vaccination obligation until June 15, 2022.


New provisions for teachers

However, important changes are planned for the teaching staff only.

In fact, the sanction of suspension from service and from the salary for non-vaccinated teachers has disappeared.

In fact, the reopening Decree provides that from 15 December 2021 to 15 June 2022 (therefore it is a rule with retroactive effect with consequences on which we will return in more detail), the vaccination obligation applies to the teaching and educational staff of the national education system. .

Vaccination essential requirement for contact with pupils

The peculiarity introduced for the teaching staff only, consists in the fact that vaccination is an essential requirement for the conduct of teaching activities in contact with the pupils by the obliged teachers.

The sanctioning regime for teachers has changed

Only for teaching staff who, as a result of the checks carried out by school managers, will result in non-compliance regarding the vaccination obligation, suspension from work and from pay will no longer be envisaged, as the reopening decree provides that the act of ascertaining the non-compliance requires the manager school to use the defaulting teacher in support activities to the educational institution.

Teachers who do not comply with the vaccination obligation will therefore not be suspended, but will be used in activities other than teaching, therefore not in contact with the students.

The obligation and suspension for Ata personnel remain unaffected

If the assignment to support tasks for the educational institution is expressly provided for teaching staff who do not comply with the vaccination obligation, the reopening decree says nothing about the Ata staff, to whom the vaccination obligation will continue to apply until 15 June with the “normal” sanction regime, which provides for suspension from service and salary.

However, this distinction between teachers and Ata seems difficult to understand, as regards the applicable sanction regime, considering that Ata staff is not normally in contact with pupils (except occasionally in the case of school collaborators); therefore, it is hoped that the rule will be changed when the decree is converted into law.

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