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Vaccination requirement and Green Pass. What’s changing in private employment.

by Antonella Iacobellis | Feb 2, 2022 | Blog

Basic – Enhanced Green Pass

Before reviewing the schedule of new Green Pass and vaccine requirement rules that apply in the workplace, below we highlight the difference between:

  • Basic Green Pass: COVID-19 green certification for vaccination, cure, rapid antigen or molecular test with negative result;
  • Enhanced Green Pass: COVID-19 green certification for vaccination or recovery (the enhanced Green Pass does not include, therefore, the performance of a rapid antigenic or molecular test).

For all types of Green Passes, the exemptions for children under 12 years of age and those who have an appropriate medical certification issued according to the criteria defined in the circular of the Ministry of Health of August 4th, 2021, remain valid.


Enhanced Green Pass to access workplaces

From February 15th, 2022 all workers over 50[1] in the public and private sectors subject to compulsory vaccination, to access the workplace must possess and are required to exhibit the enhanced Green Pass.

In the event that workers subject to the vaccination requirement communicate that they are not in possession of the enhanced Green Pass or were found without it at the time of access to the workplace, will be considered unjustified absent without disciplinary consequences and with the right to keep the job until the presentation of the aforementioned certification, and in any case no later than June 15th, 2022.

No pay or other compensation or emolument is due for days of unexcused absence.

For companies, until June 15th, 2022, article 9-septies, paragraph 7, of the same decree-law no. 52 of 2021, (regardless of employment size) after 5 days of unjustified absence, may suspend workers for the duration of the employment contract entered into for the replacement, however, for a period not exceeding ten working days, “renewable until the aforementioned deadline of March 31st, 2022, without disciplinary consequences and with the right to retain the job for the suspended worker”[2].





It is forbidden for workers to enter workplaces in violation of the vaccination requirement. The violation is punished with an administrative sanction from 600 to 1,500 euros.


Adaptation to different tasks for workers not subject to the obligation

Workers who are not subject to compulsory vaccination or whose obligation is deferred for medical or health reasons must be assigned to different tasks, without reduction of salary, in order to avoid the risk of contagion.


We do not exclude that the conversion law may further affect the rules currently in force regarding the Green Pass controls in the workplace.


[1] Article 1, Paragraph 1, Law Decree No. 1 of 2022, introduces the vaccination requirement for all Italian citizens and citizens of other EU member states residing in Italy, who have turned 50 years of age or who will turn 50 years of age by June 15th , 2022, unless there is an established danger to health proven by the notification made by the attending physician. For individuals who by February 1st, 2022 have not started the primary vaccine cycle or as of February 1st, 2022 have not carried out the completion dose of the primary vaccine cycle (within the prescribed time) or have not carried out the booster dose within the terms of validity of the Covid-19 green certification, there is a fine of 100 euros. The sanction is imposed by the Ministry of Health through the Italian Tax Authority downstream of the administrative procedure provided for by the decree.

[2] Article 3, Paragraph 1, Law Decree no. 1/2022 entirely replaces the seventh paragraph of art. 9 septies of Law Decree no. 52/2021, stipulating that all companies (no longer only those with fewer than 15 employees) after 5 days of unjustified absence may suspend an absent worker without a Green Pass for the duration corresponding to that of the employment contract entered into for the replacement, in any event for a period not exceeding 10 days that may be renewed until March 31st, 2022.



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