DLP Insights

Labour: extended measures to contain COVID19

Categories: DLP Insights, Legislation | Tag: Covid-19, green pass

05 Jan 2022

On 24 December 2021, Decree Law 221, entitled “Extension of the state of national emergency and further measures to contain the spread of the COVID-19 epidemic” (the “Decree“), was published in the Official Gazette, effective from 25 December.

Because of the health risk associated with the spread of COVID-19, the state of emergency declared by the Council of Ministers on 31 January 2020 was extended to 31 March 2022.

As a result, specific provisions in the labour field to contain the COVID19 virus have been extended to that date.

Green Pass in the workplace

Until 31 March 2022, public and private sector workers are required to hold and display a Green Pass when entering the workplace .

Therefore,

  • until that date, employers will continue to be responsible for carrying out checks to ensure that workers are compliant;
  • sanctions for employers who fail to carry out checks and workers who do not have a valid Green Pass have been confirmed.

The basic Green Pass, i.e. the certificate issued following a swab (molecular or antigenic), vaccination or recovery from Covid, is sufficient. Workers exempt from the vaccination campaign continue to be excluded.

The Green Pass is required to participate in in-person training courses.

Simplified smart working procedure

The simplified procedure for reporting smart working has been extended to 31 March 2022. Until that date, the individual agreement required by the ordinary regulations of Law 81/2017 is unnecessary, and the electronic and massive notification to the Ministry of Labour is sufficient.

Health monitoring

The health monitoring obligation for workers who are more exposed to the risk of contagion due to age, immunosuppression and previous Covid-19 infection or other illnesses that make them particularly vulnerable remains confirmed. The company or INAIL physician can ascertain the suitability of such workers for the task to which they are assigned. Unsuitability for the job does not justify employment termination by the employer.

Work performance of vulnerable persons

Until 22 February, vulnerable workers will continue to smart work under the Collective Agreements, if any. This can occur by assigning the worker to a different task included in the same category or classification, as defined by applicable contracts and specific vocational training carried out remotely. A decree of the Minister of Health, in agreement with the Ministers of Labour and Social Policy and Public Administration, will be adopted within 30 days from the entry into force of the Decree (i.e. by next 24 January). This will identify the chronic illnesses with a lower level of clinical compensation and implications of severity to be considered.

Parental leave

The provisions of art. 9 of Decree Law no. 146/2021, converted with amendments into Law 215/2021 ( “Fiscal Decree”), which regulate parental leave during the emergency period, have been extended until 31 March.

The possibility for workers who are parents of cohabiting children under 16 to take parental leave if suspended from in-person teaching, covid-19 infection or quarantine, is extended. These periods are compensated at 50 per cent of pay until the child reaches 14 years of age.

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