School staff – up to 30 April 2022
3 April 2022 · Admin
The situation of teaching and non-teaching school staff up to 30 April: factual data and applicable strategies.
What does the decree say?
Decree-Law 24/2022 amended Decree-Law 44/2021 by introducing the new Art. 4-ter.2, which provides:
1. A vaccination requirement for the prevention of the spread of SARS-CoV-2 infection (we recall that this is a non-existent vaccine, as the treatments currently on the market serve to prevent the COVID-19 disease) incumbent upon teaching and educational staff of the national education system, non-state-accredited private schools, early childhood educational services, provincial adult education centres, regional vocational education and training systems, and regional systems delivering higher technical education and training programmes.
2. Vaccination constitutes an essential requirement for carrying out teaching activities only where in contact with pupils.
3. Therefore, non-teaching staff and staff who do not perform activities in contact with pupils, even if obliged to be vaccinated, may return to work.
4. Verification of compliance with the vaccination requirement is carried out by head teachers, who perform checks via direct access to the national DGC platform. If the vaccine or the submission of a vaccination request does not appear on the national DGC platform, the head teacher invites the teacher to produce, within five days of receiving the invitation, the following documentation, alternatively:
• a vaccination certificate (for example foreign, not entered into the DGC platform);
• a digital medical certificate certifying exemption from the vaccine or its deferral because clinical tests are underway;
• a request for vaccination to be administered within twenty days of receiving the letter of invitation.
5. In the event of:
• failure to respond to the letter of invitation;
• failure to submit documentation certifying vaccination within three days of the expiry of the twenty days for undergoing the mandatory medical treatment (23 days from receipt of the letter of invitation)
head teachers formally establish non-compliance with the vaccination requirement and immediately give written notice thereof to the person concerned.
6. The formal finding of non-compliance requires the head teacher to deploy the non-compliant teacher in activities supporting the school institution.
7. Until the end of the 2021/2022 school year, teachers deployed in support activities because they are unvaccinated shall be replaced under fixed-term contracts (supply teachers), which shall terminate, in addition to the expiry of the term, upon the resumption of service by the teachers following vaccination.
Access to schools by employees
Nothing changes regarding the regulation of the basic green pass. Therefore, until 30 April 2022, all public-sector employees (Art. 9-quinquies of Decree-Law 52/2021) and private-sector employees (Art. 9-septies of Decree-Law 52/2021) must present the basic green pass to access workplaces. In the absence of the basic GP, the employee will be considered unjustifiedly absent and suspended without pay.
It should be emphasised that for public-sector employees, suspension is mandatory, and in the event of a breach of the ban on access by an employee without a basic green pass, an administrative fine ranging from €600 to €1,500 applies.
By contrast, for private-sector employees, suspension is possible only from the fifth day of unjustified absence (presence) due to lacking a basic green pass, but it is discretionary. The employer may also decide not to suspend the employee who is without a green pass.
Checks may also be conducted on a random basis.
The fine, also for public and private employees who continue to work after being found without a green pass, ranges from €600 to €1,500.
Possibility of dismissal or disciplinary proceedings
The rumours circulating to the effect that teachers who do not resume work with the basic green pass could be dismissed or made the subject of disciplinary proceedings are unfounded.
In order to avoid misunderstandings, anyone who does not wish to present the pass for the purpose of accessing the workplace may send a letter (preferably by registered electronic mail [PEC] or registered post with acknowledgement of receipt, although company email is also fine if normally used for internal communications) along the following lines:
“I, the undersigned ________________________________________________________
born in ________________________________________________________________
on ____________________________________________________________________
residing at ___________________________________________________________
tax code __________________________________________________________
• hereby formally place my work performance at the disposal of the employer, formally placing the obligee in default (mora accipiendi),
• declare that I do not hold the COVID-19 green certificate and do not intend to obtain one,
• call upon the employer to declare by formal instrument whether it intends to proceed with a declaration of unjustified absence and the consequent suspension of the employment relationship, with the right to retain said relationship and in the absence of disciplinary consequences,
• reserve all my rights in relation to the unlawfulness of the provisions requiring possession of the COVID-19 green certificate for the exercise of the constitutionally guaranteed fundamental right to work.
Yours faithfully,
Signature
__________________________________”