Decree-Law no. 127/2021 (the “Decree“) was published in the Official Gazette on 22 September 2021 and has been in force since 23 September. According to this Decree, from 15 October until the following 31 December, anyone carrying out any work, training or voluntary activity in the private sector is required to possess and submit, upon request, a Green Pass to access workplaces. The obligation will not apply to persons exempt from vaccination based on the appropriate certification. Employers are obliged to check their employees and any others working on their premises. By 15 October, employers must define the operating procedures for organising checks, including sample-based examinations. Where possible, it should be prioritised that checks are carried out at workplace access, and those in charge of checks and objections should be formally identified. The organisation methods for carrying out the checks will be defined by a Prime Ministerial Decree. Workers who do not have a Green Pass or refuse to show it, will be considered unjustified absentees until the Green Pass is submitted and no later than 31 December without disciplinary consequences or loss of employment. No pay or other compensation or emolument shall be due for days of unjustified absence. For employers with fewer than 15 employees, the general rules will apply, and precisely, after the fifth day of unjustified absence, the employer may suspend the worker and enter into a fixed-term contract to replace them for a maximum of 10 days, renewable once, not beyond the deadline of 31 December. Workers who enter workplaces without a Green Pass will be subject to disciplinary action by the employer and face an administrative fine ranging from €600-1,500. Employers who fail to organise or carry out checks will be subject to an administrative fine ranging from €400 to €1,000. If the breach is repeated, the sanction will be doubled.
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