Obligation to vaccinate teachers and ATA: return to work when possible, sanctions and green pass from a swab. HYPOTHESIS

On March 31, 2022, the state of emergency Covid-19 will end in Italy. This is what was established by the Reopening Decree approved yesterday 17 March in the Council of Ministers. The path for the gradual return to a normal situation includes some steps, which concern the end of the system of colored areas, gradual overcoming of the green pass, elimination of precautionary quarantines.

The DRAFT of the Decree

The only document available so far is the DRAFT of the Decree, that is the document entering the Council of Ministers. We do not know if and how, during the session, it was changed.

Therefore, for any question and also for any personal decision it will be necessary to wait for the definitive text which should be published shortly in the Official Journal, as well as for the school sector, the indications that will arrive from the Ministry of Education.

DRAFT LAW DECREE (Urgent measures to overcome the measures to combat the spread of the epidemic from Covid 19, as a result of the cessation of the state of emergency (PRESIDENCY – HEALTH – DEFENSE – EDUCATION).

The vaccination obligation for teachers and ATA

There are numerous innovations for the school, from the elimination of contact quarantines to the DAD only for positive students and on medical prescription, to the return to educational outings and educational trips.

On the other hand, one of the most complex and controversial points of the text concerns the vaccination obligation for school staff. Here because.

Analyzing the text there are two passages that interest the staff

The art. 8 paragraph 3, which states “After article 4-ter of the decree-law of 1 April 2021, n. 44, converted, with modifications, by the law 28 May 2021, n. 76, the following is inserted:

“Art. 4-ter.1
(Vaccination obligation for school staff, defense, security and public aid sectors, local police, bodies referred to in law 3 August 2007, n.124, prisons, universities, institutions of higher artistic training, music and dance and higher technical institutes)

1. From 15 December 2021 and until 15 June 2022, the vaccination obligation for the prevention of SARS-CoV-2 infection referred to in article 3-ter, to be fulfilled, for the administration of the booster dose, within the terms of validity of the COVID-19 green certifications provided for by ‘article 9, paragraph 3, of the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, also applies to the following categories:
a) school staff of the national education system, non-peer schools, educational services for children referred to in Article 2 of Legislative Decree 13 April 2017, n. 65, of the provincial centers for adult education, of the regional systems of education and vocational training and of the regional systems that carry out the higher technical education and training courses; “

The text, in reiterating the vaccination obligation for school staff, introduces a deadline beyond which the obligation will no longer be in force: June 15, 2022. Term that was inferable from the original text, but which was not yet concrete.

We remind you that the fulfillment of the vaccination obligation envisaged for the prevention of SARS-CoV-2 infection includes the primary vaccination cycle (the first two doses) and, starting from December 15, 2021, the administration of the subsequent dose of recall. The minimum time interval between the completion of the primary and the booster vaccination cycle is currently 4 months, the maximum 6 months.

But there is more.

Given that the Government’s communiqué reads

From 1 April it will be possible for everyone, including over 50s, to access workplaces with the Green Pass Base, for which the obligation has been eliminated from 1 May “

school staff in this case are not mentioned.

On the contrary, we find it in the DRAFT, in another fundamental passage

Art. 4-quinquies (Use of COVID-19 green certifications in the workplace for those who are subject to the vaccination obligation pursuant to articles 4-ter.1 and 4-quater)

1. Fwhile maintaining the vaccination obligations for the subjects referred to in articles 4-ter.1 and 4-quater,
and the related sanction regime referred to in article 4-sexies, until 30 April 2022, for access to the workplace, the aforementioned subjects must possess and, upon request, exhibit one of the COVID-19 green certifications for vaccination, healing or testing, the so-called basic green pass referred to in the article 9, paragraph 1, letter a-bis, of the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, with effect from 1 April 2022. The provisions of the
articles 9-quinquies, 9-sexies, 9-septies, 9-octies, and 9-novies of decree-law no. 52 of 2021. “.

Therefore, the vaccination obligation seems to remain in force for school staff until June 15, but failure to comply would seem to find, in this decree, a different solution than suspension without fees, that is

  • the penalty +
  • entry into the workplace until April 30 with a basic green pass obtained also with tests

What, if so, would the penalty be?

There is talk of the sanctioning regime referred to in article 4 – sexies. Someone, fearfully, refers to the 100 euro fine as for non-compliant over 50s, but it is possible that instead the reference is to the administrative sanction already provided for by Law no. 3 of 21 January 2022 on the vaccination obligation for school staff

The non-fulfillment of the vaccination obligation determines the application of the pecuniary administrative sanction already provided for the non-compliance with the obligation to possess and the duty to exhibit the COVID-19 green certification referred to in the decree-law of 25 March 2020, n. 19, restated “in the payment of a sum from € 600 to € 1,500”.

We repeat, these are hypotheses in the face of a text that is not yet definitive and not published in the official gazette. Consequently, there are still no official indications from the Ministry yet.

If this were not the case, it could lead to a differentiation with the rest of the working population, a situation that the Anief union has already underlined as “discriminating”.

We are awaiting more details on this.

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