With this ordinance of Court of Modena, you change pace and create an important legal precedent, so an employer can suspend employees who do not want to get vaccinated against coronavirus from service and pay.
The civil judge Emilia Salvatore has defined that: “The employer acts as guarantor of the health and safety of employees and third parties who for various reasons are located within the company premises and therefore has the obligation pursuant to article 2087 of the Civil Code to adopt all those prevention and protection measures that are necessary to protect the physical integrity of workers “.
This is the concept contained in the ordinance following the appeal presented by two physiotherapists of an RSA hired by a cooperative in the Emilian city that had precisely taken the two measures against the refusal to vaccinate. In support of this decision, the Court of Modena cited the European directive which, in June last year, included Covid among the biological agents against which it is necessary to protect the workplace. And the mask would not be enough: the vaccine would be a far superior measure of protection.
That said, the ruling specifies that the rejection of the anti-Covid vaccine cannot cause disciplinary sanctions, but it can have an impact on the task of the employee, up to suspension when working in contact with the public or in confined spaces.
For the court of Modena, therefore, the right to freedom of self-determination must be balanced with other constitutional rights such as that to the health of others and with the principle of free economic initiative.
Meanwhile, we remind you that the vaccination obligation against the coronavirus is currently in force only for those who work in the health sector. The government is deciding whether to extend the obligation also to school staff in view of the reopening of schools in September. The question for the private sector is also open: the position leaked by Palazzo Chigi is to open a phase of consultations with the production and trade union realities, also given the obligation of a green pass to access the premises indoors.

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