New Covid decree, no penalties for unvaccinated teachers, salary secure

The Decree Law 24/2022, the so-called reopening decree, was published in the Official Gazette, which confirms the vaccination obligation for school staff until next June 15th.

Vaccination until June 15

National education system school staff, non-per-schools, infant education services, provincial adult education centers, regional education and vocational training systems and regional education and training systems have to comply with the obligation to vaccinate of June 15, 2022.

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New provisions for teachers

Important changes, however, are only planned for teachers.

In fact, the sanction of the blockade of service and salary for non-vaccinated teachers has disappeared.

In fact, the opening decree provides that from 15 December 2021 to 15 June 2022 (hence it is a rule with retroactive effect with consequences to which we shall return in more detail), the vaccination obligation applies to teachers and educators of the national school system ..

Vaccination essential necessities for contact with students

The peculiarity that is introduced only for the teaching staff, lies in the fact that the vaccination is an essential requirement for conducting the learning activities in contact with the students of the compulsory teachers.

The sanctions regime for teachers has changed

Only for teachers, who through the controls of the school principals lead to a non-compliance with the vaccination obligation, the outbreak of work and the salary are no longer foreseen, because the opening decree provides that the act of compliance of the Non-compliance requires the management school to use the default teaching staff and support activities for the educational institution.

Teachers who do not receive the vaccination obligation will therefore not be suspended, but will be engaged in activities other than teaching staff, ie not in contact with students.

The commitment and suspension for the Ata staff will not be affected

If the task of supporting education for the educational institute is expressly provided for teachers who do not receive the vaccination obligation, the opening decree does not say anything about the Ata staff to whom the vaccination obligation is due until 15 June. “normal” sanctions regime, which provides for the suspension of service and pay.

This difference between teachers and Ata, however, seems difficult to understand when it comes to the applicable sanctions regime, considering that Ata staff are not normally in contact with students (except sometimes in the case of school collaborators); therefore, it is hoped that the rule will be changed when the decree is converted into law.

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