Expansion and Mandatory Use of the Green Pass in the Workplace and Strengthening of the Screening System
- September 22, 2021
- Reading time: 3 min
Decree-Law No. 127 of September 21, 2021, published on the same date in the Official Gazette No. 226/2021, concerning urgent measures to ensure the safe conduct of public and private work through the extension of the scope of application of the COVID-19 “green certification” and the strengthening of the screening system, introduced the requirement, from October 15 through December 31, 2021—the date on which the state of emergency is set to end—for all workers in the public and private sectors, including self-employed professionals and family workers, to possess and present, upon request, the COVID-19 Green Pass; these individuals must obtain a Green Pass to gain access to their workplaces.
The Decree provides that employees who are required to have a “green certificate,” if they report that they do not have one or are found to be without it upon entering the workplace, are considered to be absent without justification; for those days, no wages or other compensation or emolument are due until the aforementioned certificate is presented, and in any case no later than December 31, 2021; the Decree specifies, “without disciplinary consequences, other than those provided for under the respective sector-specific regulations, and with the right to retain employment.”
For companies with fewer than 15 employees , after the fifth day of unexcused absence, the employer may suspend the employee for a period corresponding to the duration of the replacement employment contract, for no more than ten days, renewable only once, and no later than December 31, 2021.
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