New Green Pass decree: rules and sanctions

Prepared by Giulia Spalazzi, Valentina Panettella and Antonella Carullo

The Council of Ministers has approved a decree-law introducing 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.

This obligation will come into force from 15 October 2021 and will apply to all workers in the public and private sectors, including freelancers and family workers, as well as those working in voluntary associations.

Checks on compliance with the requirements will be delegated to employers who, by 15 October 2021, will have to establish the operating procedures for organising checks, including sample checks, giving priority, where possible, to carrying them out when entering the workplace. In addition, the persons in charge of verifying and challenging breaches of obligations should be identified.

As a result of the checks, anyone without the green certificate will not be allowed to enter the workplace and will be considered to be absent without leave. Such unjustified absence will be triggered after five days of absence in the public sector and after one day of absence in the private sector. A suspension of employment will follow until the certification is submitted, without any disciplinary consequences and with the right to retain employment. However, the employee will not be entitled to receive salary or other compensation or emoluments.

There is also a penalty of €400 to €1,000 for the employer who has not verified compliance with the requirements and has not put in place the correct methods of verification; penalties increase from €600 to €1,500 for workers who enter the workplace in violation of the requirements.

A further innovation is the possibility of obtaining a green pass immediately after the administration of the first dose of vaccine, without having to wait at least 15 days afterwards.

The Decree, as yet, has not been published in the Official Journal.

Let’s Talk

For a deeper discussion, please contact:

Francesca Tironi

PwC TLS Avvocati e Commercialisti


Giulia Spalazzi

PwC TLS Avvocati e Commercialisti

Senior Manager