Extension and obligation of the Green Pass in the workplace and strengthening of the screening system

Decree Law No. 127 of September 21, 2021, published on the same date in the Official Gazette No. 226/2021, regarding Urgent measures to ensure the safe performance of public and private work through the extension of the scope of application of the COV ID 19 green certification and the strengthening of the screening system, introduced the obligation, from October 15th and until December 31st, 2021, the termination date of the state of emergency, to possess and exhibit, upon request, the Covid-19 green certification to all workers belonging to the public and private sectors, including freelancers and family collaborators, who must obtain a green pass to access workplaces.

The Decree provides that personnel who are required to have the green certification, if they communicate that they do not have it or do not have it when accessing the workplace, are considered unjustifiably absent and for those days no salary or other compensation or emolument is due until the aforementioned certification is presented, and in any case no later than December 31, 2021 in any case, the Decree specifies, «without disciplinary consequences, if not those according to the respective sector regulations, and with the right to retain the employment relationship»

For companies with fewer than 15 employees, after the fifth day of unjustified absence, the employer may suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, for a period not exceeding ten days, renewable only once, and no later than December 31, 2021.

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