Decree Law no. 24 of 24 March 2022, entitled 'Urgent provisions for overcomingmeasures to counter the spread of the COVID-19 epidemic as a consequence of the cessation of the state of emergency' (published in the Official Gazette on 24 March 2022) introduces urgent provisions for overcoming measures to counter the spread of theCOVID-19epidemic as a consequence of the cessation of the state of emergency and for the purpose of adapting organisational, operational and logistical measures to the changing state of the pandemic.
31 March 2022 is the date set for the end of the state of emergency and, therefore, we are preparing for a gradual return to normalcy even with the end of the coloured-zone differential system.
The decree contains 15 articles and two annexes; the main measures affecting labour are:
- a) Novelties on the use of the mask (Art. 5)
Until 30 April 2022, FFP2 type masks must be worn in certain cases, including: (a) for access to certain means of transport and for their use; (b) for access to cable cars, gondolas and chairlifts, when used with the screen domes closed, for tourist-commercial purposes, including when located in ski resorts; (c) for performances open to the public that take place in theatres, concert halls, cinemas, entertainment and live music venues and other assimilated premises, as well as for sports events and competitions.
In all other indoor locations - other than those for which the use of the FFP2 mask is expressly required - the 'wearing of respiratory protective equipment' is still mandatory.
Children under the age of six, persons with illnesses or disabilities that are incompatible with wearing a mask, persons who have to communicate with a disabled person in such a way that they are unable to use the device, and persons who engage in sporting activities are not obliged to wear a mask.
- b) A phasing out of the green pass (Arts. 6 and 7)
As of 1 April 2022, it will be possible for everyone, including the over-50s, to access workplaces with the so-called basic green pass ; the new decree, in fact, provides for the end of the super green pass obligation for access to workplaces for the over-50s.
While the existing administrative sanctions for failure to show the green pass will remain, the measure of suspension from work will be abolished. The super green pass will still be required, however, for access to indoor catering services, swimming pools, gyms and wellness centres.
Furthermore, from 30 April 2022, it will no longer be compulsory to show a green certificate to use local public transport, to enter public offices, shops and banks.
- (c) Variations on compulsory vaccination (Art. 8)
The vaccination obligation will remain in place until 15 June 2022 for certain categories of workers, such as: school personnel; personnel in the defence, security and public rescue, and local police sectors; personnel working in any capacity directly employed by the prison administration department; university personnel; and personnel of the forestry corps of special statute regions.
However, for these workers, the decree provides for the possibility that vaccination may be omitted or postponed in the event that the vaccine constitutes an established health hazard, in relation to specific documented clinical conditions, attested to by one's general practitioner or vaccination doctor.
Until 15 June 2022 for the over 50s the vaccination obligation remains, with a penalty of EUR 100 in the event of non-compliance.
The vaccination obligation will remain until 31 December 2022 exclusively for staff in the health sector.
- d) Elimination of precautionary quarantines
Those who have had close contact with individuals who have tested positive for SARS-CoV-2 will be subject to the self-monitoring regime of wearing FFP2 type respiratory protective equipment, indoors or in the presence of crowds until the tenth day after the date of the last close contact with the above-mentioned subjects, and the obligation to perform a rapid antigenic or molecular test for the detection of SARS-CoV-2, also at private centres qualified to do so, at the first appearance of symptoms and, if symptomatic, on the fifth day after the date of the last contact. A circular letter issued by the Ministry of Health will define the modalities for implementing these provisions.
- e) Extension of the simplified smart working regime until 30 June
This provision, contained in Appendix B of the decree, i.e. among the provisions that Article 10 extends until 30 June 2022, determines the extension of so-called 'emergency agile work', thus providing until the aforementioned date the possibility of resorting to agile work following a mere administrative communication and in the absence of an individual agreement between the parties.
