DL 172/21: What changes for teachers, police forces, public aid, prisons

Law Decree 172/2021 of 26/11/2021

For teachers, law enforcement agencies, public aid and prisons, the mandatory anti-SARS-CoV-2 vaccination is introduced starting from December 15, 2021 and with suspension until June 15, 2022, with the third dose included in the scheduled cycle and always in the times and methods provided for in the circulars, plans and various dispatches. The booster dose, the third dose, should be given within the Green Pass expiration ("to be fulfilled, for the administration of the booster dose, within the terms of validity of the green certifications ").

The following are therefore included:

• school personnel all of the national education system, non-paritarian schools, infant-toddler centers and nursery schools, including adult education centers (CPIA), professional training and higher technical training. University staff are therefore not included. (NB: private schools are included, since they are part of the national education system, ref. Law 62 of 10 March 2000, art.1).
• Personnel from the defense, security, public rescue, local police sectors.
• Staff directly employed by the penitentiary, juvenile and community justice department, within prisons.

What does the text say, in a nutshell?

The managers of the structures and school managers will act as controllers, acquiring the necessary information directly from the "dgc" platform, thus being authorized to know and process the health data of their employees. In this regard, we would like to remind you that there is a previous opinion of the Privacy Guarantor, you can read it here, which says the exact opposite and we will verify the evolution of the situation to provide all possible tools to protect you in this respect, but we are convinced that the issue is not closed and the silence of the Guarantor has a considerable political weight. If they verify the irregularity of the vaccination status, they send an invitation to the presentation of documentation. 

In the event of non-compliance and failure to present the required documentation within 5 days of the invitation, the suspension will be suspended without disciplinary consequences and with retention of the place, for 6 months (until 15/06/2022) or until "upon initiation or subsequent completion of the primary vaccination course or booster dose". The documentation may be: vaccination or exemption / deferral, or the submission of the vaccination request, to be carried out within a deadline of 20 days from receipt of the invitation (NB: from receiving the invitation, not from your response),

In case of carrying out the work activity in violation of the obligation, the fines are from 600 to 1500 €.

Suspended teachers will be replaced with fixed-term contracts which, however, in the case of return due to the cessation of blackmail, are automatically resolved and this point also opens up to a new contract formula, with unpredictable forfeiture for the substitute, not provided for by the law. .

The Law Decree n. 44/2021 with all its changes mentioned above can be found updated at this link: https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legge:2021;44

NOTE: the Council of State, with sentence no. 7045/2021, sanctioned the legitimacy of the vaccination obligation for health professionals and today the news of another lost sentence came out, again at the Council of State. This should make us understand that the sentences must be made to capable and prepared lawyers, few and on which to invest maximum attention. This sentence, like dozens of other sentences lost in the various TARs, are the humus that we will encounter both in the courts and in professional life, it must be said.