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

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…