Υπαλληλικό ΔίκαιοΠΑΡΑΝΟΜΗ Η ΑΝΑΣΤΟΛΗ ΕΡΓΑΣΙΑΣ ΑΝΕΜΒΟΛΙΑΣΤΩΝ ΥΠΑΛΛΗΛΩΝ ΤΗΣ 1ΗΣ Υ.ΠΕ.

26/01/2023122

Δεκτό έγινε το αίτημα προσωρινής διαταγής επτά διοικητικών υπαλλήλων, οι οποίοι εργάζονταν στην Κεντρική Υπηρεσία της 1ης Υγειονομικής Περιφέρειας Αττικής και τέθηκαν σε αναστολή εργασίας και καταβολής μισθού, λόγω του μη εμβολιασμού τους για την αντιμετώπιση του COVID-19.

Οι συγκεκριμένοι υπάλληλοι απασχολούνταν με σχέσεις ιδιωτικού δικαίου ορισμένου χρόνου και με τις από 14/09/2021 αποφάσεις του Διοικητή της 1ης Υγειονομικής Περιφέρειας Αττικής, τέθηκαν σε καθεστώς αναστολής καθηκόντων τους και νομίμου μισθού τους.

Το σκεπτικό της απόφασης που τους έθεσε σε αναστολή ήταν ότι εντάσσονται στις κατηγορίες των εργαζομένων που προβλέπει ο Ν. 4820/2021 για την υποχρεωτικότητα εμβολιασμού.

Στην πραγματικότητα, σύμφωνα με τη διάταξη του άρθρου 206 του Ν 4820/2021, σε καθεστώς υποχρεωτικού εμβολιασμού, τίθενται οι απασχολούμενοι σε διάφορες μονάδες υγείας, φροντίδας ηλικιωμένων, φροντίδας ατόμων με αναπηρία, κέντρα αποκατάστασης και αποθεραπείας, καθώς και όλο το προσωπικό (ιατρικό, παραϊατρικό, νοσηλευτικό, διοικητικό και υποστηρικτικό) σε ιδιωτικές, δημόσιες και δημοτικές δομές υγείας (διαγνωστικά κέντρα, κέντρα αποκατάστασης, κλινικές, νοσοκομεία, δομές πρωτοβάθμιας φροντίδας υγείας, μονάδες νοσηλείας, Εθνικό Κέντρο Άμεσης Βοήθειας και Εθνικός Οργανισμός Δημόσιας Υγείας), καθώς και στα Κέντρα Πιστοποίησης Αναπηρίας (ΚΕ.Π.Α.).

Προβλέπεται λοιπόν, σύμφωνα με το νόμο, ότι τίθενται σε υποχρεωτικό εμβολιασμό οι εργαζόμενοι των μονάδων υγείας, οι οποίοι προσδιορίζονται ειδικά και περιοριστικά στο νόμο.

Η Πρόεδρος του Μονομελούς Πρωτοδικείου Αθηνών πιθανολογώντας την ευδοκίμηση της αίτησης ασφαλιστικών μέτρων τους, κρίνοντας ως προδήλως παράνομες τις αποφάσεις του Διοικητή της 1ης ΥΠΕ, αναγνώρισε ότι οι συγκεκριμένοι εργαζόμενοι δεν εμπίπτουν στον κύκλο προσώπων που υπέχουν υποχρέωση σε εμβολιασμό, σύμφωνα με τις ανωτέρω διατάξεις, καθώς δεν υπηρετούν σε δομές υγείας και απασχολούνται αποκλειστικά στο κτήριο της Κεντρικής Υπηρεσίας της 1ης Υγειονομικής Περιφέρειας Αττικής.

Κατόπιν αυτών, χορήγησε προσωρινή διαταγή, υποχρεώνοντας προσωρινά την 1η Υγειονομική Περιφέρεια Αττικής να αποδέχεται την προσηκόντως προσφερόμενη εργασία τους στα καθήκοντα και στη θέση όπου εργάζονταν κατά την τελευταία ημέρα απασχόλησής τους, ισχυόντων κατά τα λοιπά των οριζομένων στις συμβάσεις εργασίας τους, τηρουμένων από αυτούς των εκάστοτε προβλεπομένων στο νόμο για την είσοδο των ανεμβολίαστων στην υπηρεσία τους μέτρων, καταβάλλοντας τις νόμιμες αποδοχές τους έως τη συζήτηση της αίτησης ασφαλιστικών μέτρων τους.

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