The decree law approved by the Council of Ministers on January 5, 2021, imposed mandatory vaccination for all citizens (Italian, EU, or foreign) who have reached the age of 50 and are not in possession of any certification, issued by a general practitioner or vaccination doctor, attesting to an established health hazard in the event of vaccination, in relation to specific and documented clinical conditions.
Those over the age of 50 are therefore required to be vaccinated by Feb. 1, 2022, regardless of whether or not they are working.
Those who fail to comply with this obligation risk a one-time fine of 100 euros.
Consequently and consistently, the decree law in question, as far as the world of work is concerned, stipulated that, as of Feb. 15 and until next June 15, all workers over 50, regardless of nationality, job description and the sector in which they work, being subject to the obligation to vaccinate (by Feb. 1, like all others over 50), will not be able to enter their workplace without being equipped with an enhanced green pass.
Workers without the said certification will be considered truant and, after 5 days of absence, may be suspended without pay (for a period not exceeding 10 days, renewable until March 31, 2022) and also replaced with job retention rights.
Frail workers who have reached the age of 50 but are unable to undergo vaccination for established and documented health reasons may be assigned “to different duties, without reduction in pay, so as to avoid the risk of spreading the infection.”
The administrative penalty for violations may consist of a sum between 600 and 1,500 euros.
Personnel delegated to monitor employees who fail to fulfill their duties may in turn face a fine ranging from 400 to 1,000 euros.
Similar penalties are provided for patrons without green passes at bars, restaurants and entertainment venues. Venues that fail to carry out proper checks, after three sanctions, may be closed on authority for up to 10 days.
The decree law does not provide anything about smart working, which can also be carried out during the quarantine period and is in any case advocated by the circular of the ministers of public finance and labor issued on Jan. 5. (LC – OC)
