Home / Publications / Green Pass covid-19 in the workplace: decree 127/...

Green Pass covid-19 in the workplace: decree 127/2021

Decree Law No 127 of 21 September 2021 regulates green certification in the workplace

The final version of Decree Law 127/2021, published in the Official Gazette, provides that from 15 October 2021 and until 31 December 2021 (i.e. the end of the state of emergency), in order to prevent the spread of infection of SARS-CoV-2, anyone working (i.e. self-employed or an employee) in the private sector must have and show on request the green certification COVID-19 "Green Pass" in order to access the workplace.

Green certification can be obtained by receiving a vaccination, testing negative in a swab examination or having recovered from SARS-COV-2, all within certain time limits.

This obligation does not apply to persons exempt from the vaccination campaign, on the basis of possessing the appropriate medical certification.
Decree Law 127/2021 also provides that:

  • As for Controls, employers in the private sector are required to verify compliance with all obligations.
  • Regarding Control modes, employers must define by 15 October 2021, the operational modalities for the organisation of the verification related to the possession of the Green Pass, including on a sample basis, providing as a priority, where possible, that such checks are carried out at the time of access to workplaces, and identify by formal act the persons in charge of the verification of violations of the obligation to possess the green certification. Checks on COVID-19 green certifications are carried out in the manner indicated in the Prime Minister's Decree.
  • Regarding consequences where a Green Pass is not obtained, workers who do not have the COVID-19 green certification shall be considered unjustifiably absent until the presentation of the aforementioned certification and, in any case, no later than 31 December 2021. This absence will be without disciplinary consequences and with the right to retain employment.
    • No pay is due for days of unjustified absence.
    • For companies with fewer than fifteen employees, after the fifth day of unjustified absence, the employer may suspend the employee for the duration corresponding to the employment contract's stipulation for arranging a replacement, and in any case for a period not exceeding ten days, renewable once, and not beyond the aforementioned deadline of 31 December 2021.
  • Regarding penalties for the employer, in the event of failure by the employer to verify the possession of the Green Pass or failure to define the manner in which this verification must be carried out by 15 October, the employer may be subject to the following penalties: unless the act constitutes a crime, an administrative sanction from EUR 400 to EUR 1000. In case of repeated violation of the provision, the administrative sanction will be doubled.
  • Regarding penalties for workers, workers who access the workplace without a Green Pass can result in an administrative sanction from EUR 600 to 1500 and possible further disciplinary consequences according to the respective collective agreements.
    • Administrative sanctions are imposed by the Prefect. The persons in charge of ascertaining and contesting violations must transmit documents relating to the violation to the Prefect.

Another new provision introduced by Decree-Law 127/2021 is the possibility of obtaining a Green Pass immediately after the administration of the first dose of vaccine, without having to wait at least 15 days.

Authors

Portrait ofFabrizio Spagnolo
Fabrizio Spagnolo
Partner
Rome
Portrait ofFederico Pisani
Federico Pisani
Senior Associate
Rome
Elsa Mora