We publish the circular of 7 December MIUR, valid for the school sector
From what emerges, the reinforced control of the Green Pass will be used for verification, therefore those in possession of a Green Pass for recovery are to be considered protected at the moment, equal to the vaccinated.
We reserve some doubts about extreme situations that could occur with the request for the vaccination certificate; in any case, for the school, refer to what is reported and demand that it be applied:
"In summary, from 15 December 2021, to carry out their work, school staff must be equipped with" reinforced "green certification (vaccination and recovery). The administration of the booster dose may be
carried out no earlier than five months after the completion of the primary vaccination cycle and no later than the term of validity of the COVID-19 green certification, now equal to nine months. "
Having said that, we also specify that those who are on leave, maternity, sickness or holidays are expressly excluded from the obligation, since the obligation must be considered applicable only to those who provide the working service:
"It seems therefore that school staff whose employment relationship is suspended, as in the case of out-of-office placement, leave for any reason, maternity leave, can be considered excluded from the vaccination obligation introduced by the decree-law of 26 November 2021, n. 172 or parental.
School staff working in any capacity at another administration / entity is subject to compliance with the requirements set by the latter. On the date of return to service at the school, said staff must have fulfilled the vaccination obligation. "
As regards the timing of fulfillment of the obligation and the questions about the possibility of continuing to provide service between the booking and the actual vaccination, on which you too had asked questions about any sanctions, the circular specifies that:
"it is believed that in the aforementioned time frame of five, on a transitional basis, said personnel continue to carry out their work under current conditions, that is, fulfilling the obligation to possess and the duty to exhibit the basic green certification (also obtained by means of a swab) .
Upon expiry of said five-day term, in the event of non-presentation of the documentation, the school director immediately activates the procedure for non-compliance described in the next paragraph.
In the specific case referred to in letter c), i.e. in the case of presentation of the documentation certifying the vaccination request, the school director invites the interested party to immediately transmit, and in any case no later than three days from administration, the certification certifying compliance the vaccination obligation, to be carried out within the maximum term of twenty days following receipt of the invitation from the head teacher.
In this case, it is believed that in the interval between the administration of the vaccine and, therefore, on a transitional basis, said personnel continue to carry out their work under the current conditions, i.e. fulfilling the obligation to possess and the duty to exhibit the basic green certification (also obtained by means of a swab). "
So no penalty for those who work with the vaccination reservation presented.
We also specify that any threats relating to the lack of vaccination following a booking and to the feared (by someone) "false declarations", the subject who ultimately repents and decides to cancel the appointment is always protected: booking the vaccination is not a false declaration, since a subject can always change his mind and decide not to sign the informed consent, or think again, or feel unwell, or other.
In any case, we suggest you never sign anything and only submit the documentation required by the law (always PEC or registered mail) without issuing any additional declaration about your intentions.
Circular no. 1889 of 7 December 2021 - Circular no. 1889 of 7 December 2021 - Miur