Obligatory vaccine also for carers? What you need to know

From 15 December the obligation of immunity for those who practice a health profession even at home comes into force. Does it apply to the domestic worker?

Compulsory vaccine from 15 December for those who practice a health profession even at home. But does it also apply to carers? Until now, the person who was hired by a family to take care of a non self-sufficient person at home could only work if he was in possession of the basic Green pass, that is, if he had had the vaccine, had recovered from Covid or had a swab. antigenic every 48 hours or molecular every 72 hours with negative results. Well, from 15 December 2021 a new constraint comes into force and there are those who ask: “Can I fire the carer no-vax?”.

The basic green pass, recalls laleggepertutti.it, has been compulsory since last October 15 for any worker and therefore also for regularly hired domestic collaborators, as required by law. It means that those who have been hired, even with room and board, to assist a person at home and do not have the green certification can be removed from the workplace, that is, from the home of the assisted person. The Government says in this regard among its recent Faq: “Food and accommodation are services in kind of a remunerative nature so that, in the light of the legal discipline and the correspondence of the domestic work relationship, the non-attribution of the same is correct by virtue of the non-execution of the work consideration “. In other words, the Government insists, “if the caregiver does not have the Green pass, she will not be able to access the workplace. If she lives with the employer she will have to leave the accommodation”.

What changes now? Meanwhile, the obligation of the Green pass remains but a recent decree has introduced the duty of vaccination from 15 December 2021 for those who exercise the health professions and for health professionals. Before this decree, the subjects required to be vaccinated were those “who carry out their activities in public and private health, social and welfare structures, in pharmacies, parapharmacies and in professional offices”. The latest provision, on the other hand, includes those who provide their services even at home, or rather: it no longer limits the obligation of the vaccine to those who work within the aforementioned structures. From which it follows that anyone who carries out this activity also at the user will be required to have immunity. Including, at this point, the carers.

There is, however, a clarification to be made: the Caregiver work is not formally recognized as a healthcare profession, since to carry out this activity there are no specific courses or qualifications on the subject, unlike a socio-health operator or a nurse. Therefore, and since the decree speaks of the vaccination obligation for those who exercise a health profession and for health professionals, the category of carers seems to be excluded. The Ministry of Health, in fact, recognizes massophysiotherapists, socio-health workers and dental practice assistants as “operators of health interest”. While for “auxiliary arts of the health professions” he defines those of the optician, of the masseur, head lifeguard in hydrotherapy establishments, of the dental technician and of the pediatrician.

This being the case, and taking literally what the new decree establishes, there is no vaccination obligation for the caregiver, unless it is a person with one of the qualifications listed above or, in any case, a healthcare profession.

As mentioned, the obligation of the Green pass remains: the caregiver who does not have the green certification, like the rest of the workers, can be removed from the accommodation. We must not forget, in fact, that this figure has to deal every day with fragile people, often very old and in need of particular protection against Covid.