Lavoro e vaccinazione contro il Covid-19. Note costituzionali su un dibattito giuslavoristico

The essay clarifies some of the constitutional law premises of a\r\nquestion which is being debated in labour law: which kinds of measures can\r\nbe adopted against workers who are offered a Covid-19 vaccine and refuse it?\r\nFour arguments are proposed: 1) under article 32, para. II, of the Italian Constitution,\r\nonly an explicit and specific legal provision may impose a mandatory\r\nhealth treatment; 2) currently, no such provision exists in Italian law (including\r\nthe Civil code, workplace security law, and Covid-19 emergency law); 3)\r\ntherefore, refusing the vaccination is the exercise of a legal, and constitutionally\r\nguaranteed, liberty of the individual; 4) nonetheless, the ensuing lack of\r\nimmunization is an objective circumstance, which may become relevant for\r\nrisk management and work organization, and also impact employment relationships.\r\nThe essay considers the pertinent constitutional case-law and, in its\r\nconclusions, hypothesizes a legal framing for point 4), while also highlighting\r\nthat the best course of action would be for the Parliament to tackle the issue\r\ndirectly.