Until 30 April 2022, to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector (including employees over 50, without prejudice to the vaccination obligation and related sanctions) is required to possess and submit a Covid-19 green pass (recovery, vaccination or test to access workplaces). This provision applies to those who carry out any work or training, including those under the employer’s executive power or volunteers, including those under external contracts. Those exempt from vaccination based on the appropriate medical certificate issued according to the criteria defined in the Ministry of Health circular are excluded. Workers who declare they do not possess the above certification or do not have it when entering the workplace are unjustified absentees until they submit the certification. This must be done no later than 30 April 2022, without disciplinary consequences and keeping their position. No pay or other compensation or emolument shall be due for days of unjustified absence. After the fifth day of unjustified absence, the employer may stipulate an employment contract for replacement, but for up to ten working days, renewable until 30 April 2022. The worker is allowed to return immediately to the workplace as soon as they have the necessary certification, if the employer has not already entered into an employment contract to replace them. This is under art. 9-septies of Decree Law no. 52/2021, converted into Law, with amendments, by Law no. 87/2021 and its subsequent amendments and additions (see, most recently, Law Decree no. 1/2022 as amended by the annex to conversion law 18/2022 and Decree Law no. 24/2022).
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