Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work
The paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of th...
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| Format: | Article |
| Language: | English |
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University of Bologna
2022-12-01
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| Series: | Italian Labour Law e-Journal |
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| Online Access: | https://illej.unibo.it/article/view/15639 |
| _version_ | 1811290595961864192 |
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| author | Riccardo Maraga |
| author_facet | Riccardo Maraga |
| author_sort | Riccardo Maraga |
| collection | DOAJ |
| description | The paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of the employer to protect employees' health and safety pursuant to article 2087 of the Italian Civil Code, that makes mandatory for the employer to adopt any measure necessary to protect the health and safety of the employee in the workplace. From this point of view the paper offers an overview of the debate that animated the labour law community immediately after the start of the pandemic, when it emerged the Covid-19 vaccination can be considered a protection measure against the risk of Covid-19 infection. The paper then analysis the specific provisions adopted on this matter by Italian legal system, namely that contained in Law Decree 1st April 2021, no. 44 offering an overview on the contents of the abovementioned law and on the decisions of the judges, after a theoretical and systematic classification of the matter. |
| first_indexed | 2024-04-13T04:15:27Z |
| format | Article |
| id | doaj.art-76096a6ef28e43d79fd2fedb6c5e7be2 |
| institution | Directory Open Access Journal |
| issn | 1561-8048 |
| language | English |
| last_indexed | 2024-04-13T04:15:27Z |
| publishDate | 2022-12-01 |
| publisher | University of Bologna |
| record_format | Article |
| series | Italian Labour Law e-Journal |
| spelling | doaj.art-76096a6ef28e43d79fd2fedb6c5e7be22022-12-22T03:02:59ZengUniversity of BolognaItalian Labour Law e-Journal1561-80482022-12-01152516910.6092/issn.1561-8048/1563913982Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at workRiccardo Maraga0Università La SapienzaThe paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of the employer to protect employees' health and safety pursuant to article 2087 of the Italian Civil Code, that makes mandatory for the employer to adopt any measure necessary to protect the health and safety of the employee in the workplace. From this point of view the paper offers an overview of the debate that animated the labour law community immediately after the start of the pandemic, when it emerged the Covid-19 vaccination can be considered a protection measure against the risk of Covid-19 infection. The paper then analysis the specific provisions adopted on this matter by Italian legal system, namely that contained in Law Decree 1st April 2021, no. 44 offering an overview on the contents of the abovementioned law and on the decisions of the judges, after a theoretical and systematic classification of the matter.https://illej.unibo.it/article/view/15639covid-19 vaccinationemployment relationshiphealth and safetyvaccination obbligation |
| spellingShingle | Riccardo Maraga Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work Italian Labour Law e-Journal covid-19 vaccination employment relationship health and safety vaccination obbligation |
| title | Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work |
| title_full | Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work |
| title_fullStr | Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work |
| title_full_unstemmed | Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work |
| title_short | Covid-19 vaccination and employment relationships in Italy. The vaccination obligation pursuant to Law Decree April 1st, 2021, no. 44 and the general employer’s duty to ensure safety at work |
| title_sort | covid 19 vaccination and employment relationships in italy the vaccination obligation pursuant to law decree april 1st 2021 no 44 and the general employer s duty to ensure safety at work |
| topic | covid-19 vaccination employment relationship health and safety vaccination obbligation |
| url | https://illej.unibo.it/article/view/15639 |
| work_keys_str_mv | AT riccardomaraga covid19vaccinationandemploymentrelationshipsinitalythevaccinationobligationpursuanttolawdecreeapril1st2021no44andthegeneralemployersdutytoensuresafetyatwork |