With the publication in the Official Gazette ("Gazzetta Ufficiale") of 10 September 2021, n. 217, the Decree Law of 10 September 2021, n. 122 on "Urgent measures to cope with the emergency from COVID-19 in schools, higher education and social health care" was published, which extends the obligation to show the green pass to all those who intend to enter a school, except students and those who are exempt from the vaccine. Such an obligation also applies to those who intend to enter universities, childcare centers and night schools. The vaccination requirement has also been provided as mandatory to workers employed in health care residential, social assistance and sociomedical facilities.
In the Official Gazette dated 10 September 2021, n. 217, the Decree Law number 122/2021 was published.
Following the measures already in force starting 6 August 2021 that prohibited the access to some activities and places to people who are not in possession of a Covid-19 Green Certificate (the Green Pass) – and specifically (i) catering services carried out by any restaurant or establishment for indoor table consumption, (ii) performances open to the public, sporting events and competitions, (iii) museums, other cultural institutions and places exhibitions, (iv) swimming pools, swimming centers, gyms, team sports, wellness centers, also if located inside receptive structures, limited to indoor activities, (v) festivals, conventions and congresses, (vi) spas, theme and amusement parks, (vii) cultural centers, social and recreational centers, limited to indoor activities and excluded children's educational centers, summer centers and related catering activities, (viii) gambling halls, betting shops, bingo halls and casinos – the decree in comment extended the mandatory possession of the green pass to the following extent:
- School
It has been prescribed that anyone entering all facilities of scholastic, formative and educational institutions must be in possession of the Green Pass. In this sense, exceptions are provided for in favour of children, alumni and students and of all persons exempt from the vaccination campaign on the basis of appropriate medical certification issued according to the criteria defined in a circular of the Ministry of Health.
The school public manager and, in general, the heads of all educational institutions are charged with the task of verifying the attendees' possession of the Green Pass. In case of people entering the aforesaid institutions for job reasons, their possession of the Green Pass must also be verified by the respective employers.
Such provision will remain in force until the end of 2021 (31 December), date on which the end of the state of emergency is scheduled.
- University
Until 31 December 2021, in addition, it has been prescribed that anyone entering the facilities belonging to universities and to higher education institutions for artistic music and dance, as well as to other higher education institutions connected to universities, must possess and is required to present at entrance the Green Pass certificate.
In this case as well, an exception has been provided for persons exempt from the vaccination campaign on the basis of appropriate medical certification issued according to the criteria defined in a circular of the Ministry of Health.
As for schools, the heads of the above said institutions are charged with the task of verifying the attendees' possession of the Green Pass and, in case of people entering the aforesaid institutions for job reasons, their possession of the Green Pass must also be verified by their respective employers.
- Extension of compulsory vaccination
The regulations applicable to Health Care Residences and similar facilities will be effective from 10 October 2021 until 31 December 2021 and set forth the requisite of compulsory vaccination to all subjects who work, in any capacity, in residential, social-assistance, sociomedical and hospice facilities.
The persons in charge of the facilities and the employers of the persons who, in any capacity, perform work under external contracts are required to ensure compliance with the vaccination requirement.
To healthcare professionals and workers employed in the facilities referred to above, in case of not compliance with the mandatory vaccination, the suspension from work shall be applied, that brings as a consequence that no pay or other remuneration or emoluments shall be due to them.
Such rule for sure gives a first answer to the ongoing debate about the possibility of conditioning the access to workplace upon the possession of a green pass and of rendering the vaccination compulsory for employees. As of now, as said, the mandatory vaccination only applies to certain categories of employees involved in the health care sector for reasons of protection of public health. However, there are political law projects in way of elaboration, also at an advanced stage, providing for the extensions of the compulsory vaccination to all employees of the public and private sector.
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