• Tue. Jan 25th, 2022

Vaccines on the farm, what happens with unjustified refusal

Byeditorial

Jun 4, 2021

The practice of vaccination on the farm will soon be widespread. But what if the worker not only does not adhere to vaccination in the company, but does not get vaccinated at all? “It depends on the sector in which the company operates” and “in the face of the unjustified refusal to undergo vaccination by a person who has been requested by law, the employer can transfer the person himself to other duties than present the same risk of contagion, or place her on vacation or suspend her from work “. Pietro Ichino, labor lawyer, professor of Labor Law at the University of Milan, explains to Adnkronos / Labitalia the consequences of an “unjustified refusal to get vaccinated”. Vaccination in the company is also voluntary, however. To understand when the refusal is “unjustified” then, we need to take a step back. “The position of the worker operating in a sector other than the health sector, in the face of the anti-Covid vaccination opportunity offered by the company, differs according to the position taken in this regard by the company itself”, says Ichino. “If the latter has not adopted any provision pursuant to Article 2087 of the Civil Code (article that establishes the obligation of labor protection, ed), each person can freely decide whether or not to take advantage of this opportunity. ‘company, having consulted the competent doctor, believes that the characteristics of the production process and in particular the methods of contact of employees with each other and with customers or third parties determine an increase in the risk of contagion, and consequently – in accordance with the articles 2087 cd and 15 of the Consolidated Law on safety in the workplace – requires their employees or part of them to be vaccinated as a risk prevention measure, pursuant to Article 20 of the same Consolidated Law, the employee has the duty to undergo this preventive measure, unless there is a justified reason to the contrary (for example pregnancy, or a situation of immunosuppression which advises against vaccination. ion) “, explains the professor.” From the moment in which undergoing vaccination becomes a duty of the employee following a legitimate request by the company pursuant to art. 2087 cc, the company’s verification of compliance ceases to be inhibited by the protective discipline of privacy “, adds Ichino. And if vaccination becomes mandatory for reasons that concern the essential protection of the same worker and his colleagues, here is that the refusal to vaccinate becomes unjustified. “In analogous application of the provisions for the health sector by Legislative Decree 44/2021, it must be considered that – in the face of the unjustified refusal to undergo vaccination by a person who has been requested to do so under ‘art. 2087 cc and 15 TU – the employer can transfer the person himself to tasks that do not present the same risk of contagion, even if with a professional content lower than the previous ones “. Not only. Alternatively,” where this possibility does not exist, must believe that the employer can place her on vacation, or suspend her from work without accruing her salary. In this sense, both judicial decisions on this matter available today are oriented, adopted respectively by the Court of Belluno and that of Udine, both prior to the issue of Legislative Decree 44/2021 and both motivated in reference to Article 2087 of the Civil Code ” , concludes Ichino.

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