Law Decree vaccination obligation for health professionals? Hold on!
We want to launch a clear and not misunderstanding message from the Corvelva Association and the message is aimed at the category of the health sector: you have the knife on the side of the handle, you can make a difference!
This means that, if we look at the situation with the spirit of those who have to defend themselves from an unacceptable abuse, the question should be: what is the price you are (are) willing to pay? Here is one of the first questions to ask, all of us.
Maybe you feel like you're on the fence, first praised and acclaimed as heroes and now in the spotlight with the sword of Damocles on your head, but let's try to analyze the situation from the right distance.
- the health sector, all of it, comes out of a year of extreme sacrifices and self-denial, in which the majority had, among other things, to give up their holidays. Check immediately how many you have accumulated.
The holidays are due by right and you can ask to take advantage of them before reaching the suspension without salary provided as an extreme by the decree (in fact if you leave me at home for a vaccine there is no work requirement that gives the company the right to deny me the holidays). One month, two months of accumulated vacation?
In the meantime, how will they make up for your absence?
Are you replaceable? If so, to what extent? If Veneto counts, as announced in recent days, 10.200 health workers who do not want to undergo the vaccine, do you realize what power you could exercise? how much would the system hold without all of you?
To see it this way, this decree could be an own goal. Try to imagine. Is it so impossible to resist?
- the decree does not provide for dismissal, maximum suspension and in any case no later than 31/12/2021. Don't lose your job.
This means that it will not be possible to hire another employee except on a temporary basis. Many uses in this specific sector involve long induction / coaching times, specialization and accumulated experience. All this is not a small inconvenience to cope with. It is a huge problem that could be the needle that decides which way the scales will tip. Or what turn it will take in the near future in this battle for the fundamental right to health and freedom of therapeutic choice.
The time has come when we can try to make a difference: the time has come when being willing to make a personal sacrifice will give the definitive sign of the measure that cannot be overcome.
Are you suspending me? Ok, just ok. Then let's see how long it lasts, though. How many are we? This will make a difference.
We firmly believe that the time has come to just react. It is no longer the time just to look for legal strategies or ask oneself about which is the best: if the experience with Law 119/17 tells us something, it is that procrastination almost always translates into a dripping, perhaps slower but inexorable.
Let's see the main issues:
- Privacy: the Legislative Decree follows in the manner Law 119/17, widely endorsed by the privacy guarantor. They did not consider the Law 119/17 on the privacy of minors to be harmful, we do not believe that there will be an upheaval now, where we are talking about professional associations.
- Professional Order: recourse to any suspension from the professional Order which has its own rules, provides for a long time, in any case beyond the duration of the suspension provided for by the DL The suspension would expire before reaching a sentence. However, it is a valid appeal for the single subject. A sort of jurisprudence would occur only after arriving at the Supreme Court, an extremely long timeframe (years).
- Work suspension, labor judge: it should be remembered that if you appeal to the labor judge to oppose a demotion, job shift or suspension without pay, he will not express himself on a definitive measure or a dismissal, but on his temporary and dictated question from an emergency situation (they used a Law Decree which has an urgency characteristic). The precedent dictated by the Belluno ruling in this case is particularly harmful for us.
Translated: the key color is brown on all these fronts.
So, in our opinion, what is the only strategy that could (and the conditional is a must) make us glimpse a light at the end of the tunnel? Resist!
We have a health care in disarray, the numbers are insufficient even before the Covid19 emergency, we know of the grueling shifts to which hospital health workers are subjected: how many absent workers are putting such a reduced sector in crisis? How many people willing to use holidays, leave or face a few months of suspension to defend their position? How much will the system hold up if will all those who believe in the right to self-determination not give in?
Let me be clear, we are not telling you not to do anything, you can and should evaluate any legal path; here we just want to remind you that the street is not only legal but must be above all social.