Law no. 165 of 19 November 2021 has been published in the Official Gazette, which converted Decree-Law no. 127 of 2021, (containing "Urgent measures to ensure the safe performance of public and private work by extending the scope of COVID-19 green certification and strengthening the screening system") which, in turn, intervened on Decree-Law no. 52 of 22 April 2021, introducing important measures to simplify the methods for verifying possession of the green certificate (i.e. the Green Pass).
Procedure for verifying the ownership of the Green Pass
Pursuant to Article 9-quinquies, paragraph 5, and Article 9-septies, paragraph 5, of Decree-Law No. 52 of 22 April 2021, as amended by Conversion Law No. 165/2021 of Decree-Law No. 127/2021, in order to simplify and streamline the checks on the possession of the Green Pass, employees may request to deliver to their employer a copy of their COVID-19 green certification. Employees who hand over this certification, for the duration of its validity, are exempt from checks by their employers.
The Garante della Privacy (Privacy Authority), in its report to Parliament and the Government on the draft law converting Law Decree no. 127/2021 of 11 November 2021, highlighted a number of critical issues concerning the new provisions in the process of being approved. In particular, the Garante criticised the new operational mode insofar as it risked precluding the full implementation of the health requirements underlying the Green Pass system.
Pursuant to paragraph 4 of Article 9-septies of Decree-Law no. 52 of 22 April 2021, as amended by Conversion Act 165/2021 of Decree-Law no. 127/2021, for temporary workers, verification of possession of the Green Pass is the responsibility of the company, which is currently employing them. However, it is the responsibility of the agency to inform the employees of the existence of this obligation.
Companies under 15 employees
Employers with under 15 employees, may, after the fifth day of unjustified absence, suspend the employee for a period corresponding to that of the employment contract concluded for the replacement. The ten days within which a suspended worker without a Green Pass may be replaced are to be understood as working days only, and the replacement may be renewed several times within the limit set for the end of the state of emergency, which is now scheduled for 31 December 2021.
Expiry of the Green Pass
With regard to the expiry of the validity of the Green Pass during working hours, Article 3-bis of Law Decree no. 127/2021, converted into Law 165/2021, provides that for public and private employees, the expiry of the validity of the COVID-19 Green Pass during working hours does not give rise to sanctions. However, the stay of an employee with an expired Green Pass, during working hours, is admissible and tolerated only for the period of time necessary for the work shift to end.