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

Abstract

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 1^st 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.