Legislative decree on vaccination, the Circular Ministry does not yet clarify everything

It was published there in the evening Ministry of Circular which will remove application indications on the decree law of 24 March.
The note underlines that the vaccination obligation for all school staff will continue until next June 15th; non-compliance – it should be remembered – includes the application of sanctions under Art. 4-Sexies of the Decree-Law 44/2021 and that is a financial administrative sanction of one hundred euros.
Of course, the vaccination obligation is excluded in case of identified danger to health, in relation to specific documented clinical conditions.

The note ministry then takes a break to clarify what the modalities of the work performance of unvaccinated teachers should be.
The decree stipulates that “lfor vaccination represents an essential necessity for educational activities in contact with Students of the compulsory subjects“.
Failure to comply with the vaccination obligation “requires the teacher to use the default teaching staff and support activities for the school institute“.


In those cases, the unvaccinated teachers will be replaced by alternative staff, who will be employed until the end of the course with a determination contract.
The note clarifies that the effects of the suspension measures for teachers and educators, which have been arranged so far, will cease from 1 April.

Of particular interest is the clarification that is often awaited by the staff involved and by the school principals themselves, which is meant by support activities in which non-vaccinated teachers are employed.
The Ministry makes an exemplary list: activities including collegial nature, planning, planning, research, evaluation, documentation, updating and training.

However, it is still unclear how a treatment should be reserved for ATA staff who do not receive the vaccination obligation; the note literally states that “it is assumed that, but without prejudice to this obligation, it is from the date of entry into force of the said Decree-Law No. 24, and can normally be used to carry out all normal activities.

It should be noted that the Ministry uses a formula without order (“it is believed”), without giving a precise indication: the schools are once again in uncertainty with the risk of increasing internal conflict.

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