Tuesday, April 16, 2024

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It is permissible to ask (the concierge) …

2 years ago babelfish

(… not answering will be an admission of guilt … )


BAGNAI – To the Ministers of Education and Health

Given that:

the state of emergency declared by resolution of the Council of Ministers of January 31, 2020 and most recently extended with article 1, paragraph 1, of decree-law no. 221 of 2021, converted by law n.11 of 2022, until March 31, 2022, was not further renewed, with consequent termination of the same as of March 31, 2022 and introduction into the system of new provisions for the purpose of overcoming the measures to combat the spread of the pandemic;

in compliance with the provisions of the decree-law of 24 March 2022, n. 24, containing "Urgent provisions for overcoming the measures to combat the spread of the COVID-19 epidemic, as a result of the cessation of the state of emergency", for the school's teaching and educational staff, "vaccination is an essential requirement for carrying out teaching activities in contact with pupils " (pursuant to paragraph 2 of article 4-ter.2 of the decree-law of April 1, 2021, n. 44, converted, with amendments, by law May 28, 2021, n. 76, as amended by the decree-law 24 March 2022, n. 24) until 15 June 2022; the aforementioned provision tacitly repealed the previous provision which provided for the suspension from work of the defaulting teacher and the relative remuneration;

in particular, from 1 April 2022 and until the end of the lessons of the 2021/2022 school year, the non-compliant teaching staff will be assigned to support activities for the educational institution, whose operational discretion lies with the individual school managers;

in the meantime, the operational guidelines of the Ministry of Health have substantially equated the effects of the "vaccination" event with the effects of the "recovery from Covid-19", as demonstrated by the fact that both events are a sufficient condition for obtaining the cd. reinforced green pass , as shown for example by the website https://www.dgc.gov.it/web/faq.html;

nevertheless, it appears to the questioner that some school managers, with the support of the Regional School Offices, are advocating a restrictive interpretation of the aforementioned provision of Legislative Decree 24 March 2022, n. 24, by virtue of which teaching staff in possession of a green healing certification (and therefore a reinforced green pass), but without vaccination, are precluded from lecturing;

in the opinion of the questioner, also given the absence of an express legislative provision, the exclusion from teaching that specifically concerns workers who are not vaccinated but cured of COVID-19, and therefore with a reinforced green pass, is illegitimate in its application, since the subject is not legally in default of the vaccination obligation;

moreover, the SARS-CoV-2 virus infection determines a deferral of the application of the aforementioned obligation, according to the time limits indicated by the circular of the Ministry of Health of 3 March 2021, prot. n. 8284, and by the circular of the Ministry of Health of 21 July 2021, prot. n. 32884, partially modifying the first circular; on the basis of these circulars, for the purposes of determining the effective date of the obligation in question, reference is generally made, in an interpretative way, to the end of six months from recovery;

therefore, this regulatory framework generates a disparity in treatment between vaccinated subjects and subjects recovered from the infection, equated only for obtaining an administrative certification, but unable to carry out the same work task, on the basis of timing dictated by the Ministry of Health in the aforementioned circulars;

this interpretation is corroborated by jurisprudence, which is moving towards restoring equality of treatment among all teachers with a strengthened green pass, however achieved, as demonstrated by RG sentence no. 203/2022 of 3 May 2022 issued by the labor court of Grosseto.

it is clear, therefore, that the current regulatory framework has not only not produced the desired effects, but has given rise to various distortions of the post-emergency system: an example is the Circular 461 of the Ministry of Education of 1 April 2022 , in the part in which it is represented " In any case, for all access to school facilities is subject, until 30 April 2022, to the possession of the basic green pass and it is allowed, until 15 June 2022, to carry out educational activities in contact with pupils only to teaching and educational staff who do not comply with the vaccination obligation, who are therefore in possession of a reinforced green pass, as well as to subjects exempted from vaccination. ";

you ask to know:

having assessed the applicative effects of the provisions on the subject, if they intend to undertake urgent initiatives, including of a regulatory nature, in order to remove any form of inequality of treatment between teachers, in order to guarantee the carrying out of teaching activities in contact with students both for the vaccinated teachers and for those who are recovered from the COVID-19 infection.

(… in verification with our legislative and colleagues of the 12th Commission, because after all this would not be my subject, even if it should have become, because you are my subject. But it's fucking possible that I have to destroy time, while the country is under other attacks, in this way, why do incompetent bureaucracies move only if brought to court? Of course it is possible, and for us, unfortunately, it is nothing new! Does the word "state aid" mean anything to you? But the new and anthropologically devastating datum of the pandemic – because there is a new datum, objectively, is that of having given too great powers to too small people, starting with the smallest of the great people, the one who does not respond in the classroom, and of having transformed a plethora of presidents of ordinics, directors of officers, and so on, into the archetypal and unforgettable portress of Aldo, Giovanni and Giacomo . They are Legion, and they are Evil, evil for c ui there would be no prevention if not the vote, because after all it is the radical evil of grillism, the social envy of freedom, which pervades these little men with an almost erotic pleasure in squeezing the rights of others. But it is not certain that this disease, for which those who voted orthoptera are largely responsible, there is no cure. We're working on it … )

This is a machine translation of a post (in Italian) written by Alberto Bagnai and published on Goofynomics at the URL https://goofynomics.blogspot.com/2022/05/domandare-e-lecito.html on Sat, 07 May 2022 08:27:00 +0000. Some rights reserved under CC BY-NC-ND 3.0 license.