Categories: Insights, Legislation

Tag: Covid-19, green pass


3 Feb 2022

Covid-19: new urgent measures to deal with the healthcare emergency in the workplace

On 5 January 2022, the Council of Ministers, based on a proposal from the Prime Minister and Minister of Health, approved a law-decree that introduces “urgent measures for dealing with the COVID-19 emergency, in particular in workplaces, schools and institutes of higher learning”. The decree-law was published in the Official Gazette last 7 January and became effective 8 January.

According to what the Council of Ministers declared through its own press release, the new measures were aimed at “slowing the growth curve of cases related to the pandemic and provide greater protection to those categories which have greater exposure and greater risk of hospitalisation”.

Extension of the vaccine obligation

The introduced measures include the extension from 8 January 2022 to next 15 June, of the vaccine obligation for Italian citizens and other Member State citizens resident in Italy as well as other non-EU citizens or persons in violation of the laws regarding entry into and residency in Italy who are fifty years old. The obligation in question “does not apply in cases of a verified health risk in relation to specific documented clinical conditions, attested by the patient’s primary care physician or vaccinating physician, in relation to the Ministry of Health’s circular letters concerning exemption to the anti SARS-Cov-2 vaccination; in such cases the vaccine can be omitted or deferred”.

Furthermore, according to the Decree, as of next 15 February and until next 15 June, all workers with an age equal to or greater than 50, must possess and show a Covid-19 green pass certification of vaccination or recovery (so-called “reinforced Green Pass”) to access job sites.

For the periods in which the vaccination is omitted or deferred, the employer will assign the worker in question to duties, even different, with no decrease in remuneration, in order to prevent spread of cases.

Moreover, the Decree in question states, in art. 3, that “the employer (editor’s note regardless of the size requirement) can suspend the worker for the duration corresponding to that of the employment contract stipulated for the substitution, but for a period not greater than ten work days, renewable until the aforesaid tern of 31 March 2022, without any disciplinary consequences and with the right of the suspended worker to keep his/her job”.

Sanctions

The control procedures will remain those currently in use, the workers who communicate that they are not in possession of a reinforced Green Pass or do not possess one at the time of access, shall be considered unjustified absences. They shall have the right to keep their job without any disciplinary consequence until presentation of the same, and by 15 June 2022.

Workers without a reinforced Green Pass shall be denied access to the workplace. Violation of this ban exposes the worker to a fine from 600 euro to 1500 euro, without prejudice to the disciplinary consequences according to the respective sector rules. The fine from 400 euro to 1,000 euro for employers for failure to comply with the control measures remains unchanged.

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…