COVID-19 Italy: an easing of covid restrictions

Updated 1 May 2022

From 1 May:

• There will no longer be an obligation to show Green Pass to enter the workplace.
• Mask wearing and social distancing in the workplaces is now just “highly recommended” (and not mandatory anymore) but companies are free to implement stricter rules and procedures (including continuing to apply their current stricter H&S protocols). Note however that National Unions and Companies’ Associations will meet in the coming days/weeks to monitor the contagion rates and they could either confirm the Government guidelines or issue a new National H&S Protocol with stricter rules.
• Travel to Italy: Passenger Location Form is no longer necessary to enter to Italy.
• More generally masks will remain mandatory (up to 15 June) only to attend public indoor events (cinema, sport events), on public transportation, schools and in healthcare sector (e.g. hospital, residences for elderly).

We recommend that any new H&S internal policy is to be implemented after consultation with local company doctor and a local H&S manager.

Do please let us know if you would like to speak to our Italian team.

Updated 21 March 2022

The Government has announced the imminent issue of a Decree that extends “simplified remote working’ until 30 June 2022. This means that the deadline to have a policy and individual agreements in place is postponed from 1 April to 30 June. The Decree covers other anti- Covid provisions, relaxing many measures. Please do let us know if you would like more detailed advice – our Italian team will be very happy to help.

With the state of emergency in Italy due to COVID-19 set to end on 31 March, the Italian government announced the imminent issues of a decree that loosens restrictive measures. The decree addresses the following:

• Until 30 June, private-sector companies can continue to apply remote-working policies without the need to sign individual remote-working agreements with their employees. Agile working arrangements for workers with health issues that make them particularly vulnerable to COVID-19 have also been extended to 30 June.
• As of 1 April, employees aged 50+ will no longer be required to have a “Super Green Pass” (obtained through vaccination or recovery from COVID-19) to access the workplace. Vaccine mandates (and related suspensions for those who fail to comply) remain in place only for health and hospital personnel and those who work in retirement and care homes.
• As of 1 May, employees will no longer be required to have a “Basic Green Pass” (obtained through a negative rapid or PCR test) to access the workplace.
• Indoor mask mandates will remain in place until 30 April.
• As of 1 April, only individuals who test positive for COVID-19 will be required to isolate, meaning those who come into contact with a person who tests positive will no longer be required to isolate.

Updated 6 January 2022

A new important Decree was issued in response to the increase of Omicron in Italy. The two main provisions are the following:

• Mandatory vaccination for people older than 50 years. Deadline to get vaccinated is 1 February 2022;
• From 15 February 2022 employees over 50 must show Super Green Pass to access the workplace. The Super Green Pass is a reinforced version of the Basic Green Pass and only applies to those who have been vaccinated or recovered from Covid-19. Basic Green Pass applies also to people tested negative to swab throat test (ie not vaccinated). In case of breach, employees risk fines from €600 to €1,500. In practice this means that over those over 50 years old can access the workplace only if vaccinated. The decree is silent about fines to employers hence the fines in case of lack of controls are the same as before ie between €400 and €1000.

The Decree also covers other aspects such a Covid tests and mandatory quarantines in case of infection in schools.

Updated 17 December

The “state of emergency” which was supposed to end on 31 December 2021 has been extended up to 31 March 2022. This means in practice that the Government has still the power to issue emergency legislation (including imposing restrictions to movement, Green Pass etc) without prior approval by the Parliament.

On the employment side, the first practical consequence of this is that the current “simplified” remote working arrangements will continue to apply until 31 March 2022. By way of reminder, the “simplified” arrangement is that local remote working rules remain suspended and it is possible to work from home without specific individual agreements in place.

Updated 26 November 2021

From 6 December 2021 to 15 January 2022, only vaccinated or people recovered from the virus (ie holders of “Super Green Pass”) can participate in social life, eg access to restaurants, bars, gyms, sports events or indoor venues. This means that holders of Green Pass obtained through anti Covid-19 tests (ie people not vaccinated) will not be allowed access.

There have been no changes in order to access workplaces: it will still be required to have the (older) Green Pass (this pass can be obtained by negative molecular or antigenic swab tests but not the reinforced version).

Furthermore, it is now possible for employees to voluntarily deliver a copy of their Green Pass to the employer as opposed to being subjected to daily checks.

Updated 11 October 2021

The Italian Government has relaxed some measures in relation to social life (eg increased capacity in cultural venues such as stadiums, theatres, museums) but at the same time is imposing the “green pass certificate” requirement for access to the workplace.

From 15 October until 31 December 2021, employees without a green pass cannot access the workplace and will be suspended from work. Organisations are currently working to meet the 15 October deadline which includes:

1. Setting up policy on how the green pass checks will be made.

2. Appointing employees who will check passes.

3. Drafting communications to the staff informing what will happen from 15 October onwards.

We are expecting practical guidelines by the Government on how the checks should be made later this week.

It appears that there are significant concerns that many non-vaccinated employees will not come to the office (accepting that they will therefore not be paid) and that this will result in disruption to business. It is thought that this risk could be underestimated by the Italian Government and some employers’ associations have requested to postpone the implementation of the green pass obligation by 15 days.

Updated 6 October 2021

Remote working: Simplified remote working arrangements extended until 31 December 2021 (after this policies and agreements will be required).

Covid-19 health pass mandatory for all workers:

The new provision will come into force on 15 October until the end of the “state of emergency”, currently 31 December 2021.

The possession of the "green pass" must be checked by the employer's personnel at the entrance of the workplace only by using a specific App (ie a barcode scanner) which allows it to retain employees' personal data on a confidential basis. All current anti-contagion measures will continue to apply until different instructions will be issued by the competent authorities (including one metre social distancing and face masks in the office).

Employers are required to organise themselves by 15 October in order to be able to make the relevant checks at the entrance of their offices.

If employees are found not to be in possession of a “green pass” they must be deemed as unjustified absentees from work without salary until a “green pass” is shown. However, employees without “green pass” cannot be disciplined or terminated.

Employees working remotely are exempted from the “green pass” obligation.

Non-compliance will result in an Administrative fine ranging between €400 and €1,000.

Updated 17 September 2021

A new decree set to be approved by the Italian government will require employees at all workplaces to show proof of vaccination, testing or recovery under the ‘green pass’ scheme. The digital pass proves the bearer has received at least one vaccine dose, tested negative or recently recovered from the virus. The new provision will come into force in mid-October until the end of the “state of emergency”, currently 31 December 2021.

By 15 October, employers are required to organise themselves in order to be able to make the relevant checks at the entrance of their offices and to apply sanctions in the event of an employee breach. If an employee is found not to be in possession of a “green pass” they can be immediately suspended from work until a “green pass” is shown. Suspension is without salary, however, they cannot be disciplined or dismissed for this reason.

Employees working remotely are exempt from the “green pass” obligation.

To facilitate individuals who do not wish to be vaccinated, the price of antigen tests cannot by law exceed €15. (€8 for children under 12 years old). Furthermore, the validity of swab tests is extended from 48 to 72 hours.

These new rules will apply to both public and private sectors.

Italy will become the first European country to make its Covid-19 health certificate mandatory for all workers.

Updated 17 August 2021

There is an interesting debate in Italy after the decision of the Government to allow only Green Pass holders the right to access to companies’ canteens. The Government’s view is that this is consistent with the general rule that requires a Green Pass to access to any indoor restaurant or bar. Unions, on the other hand, have described the move as a "serious, erroneous interpretation" of Green Pass rules which relate to "establishments that provide food and drinks" and not company canteens, where COVID protocols are already followed. Strike action has been called at a factory in the Turin province after management announced that unvaccinated workers would be required to eat their meals outside, in a gazebo set up by the company. We understand that Government and National Unions will meet shortly to try to find a compromise on this matter.

Updated 9 August 2021

As of 6 August 2021: the ‘green pass’ is mandatory to access to sporting events, trade fairs, congresses, museums, amusement parks, theatres, cinemas, concerts, public competitions and also to access bars, restaurants, swimming pools, gyms and wellness centres.

• Sanctions: those who are not provided with a green pass to access the above-mentioned places may be sanctioned with a fine ranging from 400 to 1000 Euros and the owner of the activity risks from 1 to 10 days of closing.

As of 1 September 2021: the ‘green pass’ will be compulsory for:

• access to long-distance public transport (eg interregional ships and ferries, Intercity Night trains and High Speed trains). Local public transport is therefore excluded;

• school staff, teaching and non-teaching with the provision that failure to comply with the provisions is considered unjustified absence; and

• students and university lecturers and university staff for access to universities.

No new provisions regarding mandatory green passes in the workplace. This means that it is still prohibited to ask staff to provide vaccination certificates.

Updated 26 July 2021

Introducing the "green certificate"

The government announced that the use of the country's certificazione verde or 'green certificate' health pass scheme will be mandatory from Friday 06 August 2021 to enter gyms, swimming pools, museums, cinemas, theatres, sports stadiums and other public venues, including indoor seating areas at bars and restaurants.  Note that this change does not apply to workplaces. Meanwhile the nationwide 'state of emergency' will be extended until 31 December, allowing the government to continue to introduce health measures at short notice over the coming months.

Updated 28 June 2021

From today, wearing face masks is no longer mandatory outdoor in “white zones” as long as a safe distance of one metre is guaranteed.

Currently all 20 Italian regions are designated ‘white zones’.

However, this rule is not applicable in the workplace as the National H&S Protocol issued last year is still in force. This states that masks must be worn at all times in the workplace, including meeting rooms and open spaces, regardless of social distancing or the number of people in the room. The only exception to this is when an employee works in “isolation”, eg alone in one room.

Updated 26 April 2021

From today, most Italian regions (including the Milan area) are moved to "yellow zone", which means more relaxation in terms of restrictions. 

In relation to employment related issues, there are no substantial changes but it is likely that more employees will ask to come back to the office. It is therefore important for employers to monitor the employees' turnout in accordance with their anti-contagion measures.  Particular attention should be given to the number of employees attending the office.  All anti-Covid19 protocols in the workplace continue to remain in force, including usual anti-contagion measures (eg social distance, wearing of masks etc).  

On a separate note, the simplified remote working arrangement has now been extended until 31 July (see updated below from 22 March 2021). This means that until 31 July there are no particular formalities to allow staff to work remotely, after this policies and individual agreements will be required.

Updated 8 April 2021

An agreement has been reached on vaccinations in the workplace.

The Italian government, employers’ associations and trade unions have signed:

1. an agreement regarding the implementation of the vaccination plan in the workplace; and

2. an update to the H&S protocol in the workplace that was signed last year.

Vaccination Plan

Companies can now arrange for employees to be vaccinated in the workplace on a voluntary basis as follows:

• employees can be vaccinated (i) directly in the workplace or (ii) in affiliated external private healthcare facility or (iii) before INAIL (ie the national authority for prevention of accidents at work);
• employee’s consent is required;
• costs will be borne by the employer with the exception of the costs of the vaccines, medical devices and doctor’s training; and
• company doctor (if any) will have a key role (eg by collecting employees’ consent and providing the workforce with information regarding advantages and risks of the vaccine etc).

Update of COVID-19 Health & Safety protocol in the workplace:

Few updates for employers as follows:

• remote working is still the priority where possible. Employers should support employees working remotely by providing company equipment, ensuring shifts and breaks etc;
• if the type of work does not allow employees to respect a 1-metre distance (both indoor and outdoor), employees must be supplied with masks;
• shifts/rotation of employees who work in the production departments should be implemented in order to reduce contact;
• employees who don’t need specific working tools should be invited to work on their own in unused offices or meeting rooms;
• national and international business trips should be limited to urgent matters and in certain cases are subject to the authorisation from the company doctor (if any).

Updated 25 March 2021

The Italian government has extended the ban on dismissals as follows:

• until 30 June 2021 for employers in all sectors; and
• until 31 October 2021 only for employers in sectors which do not benefit from "industrial state-funded furlough" (eg banking and retail).  

During the "ban period", employers cannot proceed with collective dismissals nor individual dismissals for economic reasons, with the following exceptions:

1. the closing down of company operations;

2. if a company-level collective agreement is entered into with the unions;

3. termination for misconduct;

4. mutual terminations are still possible.

Updated 22 March 2021

As the pandemic continues, the Italian government has approved urgent measures to support workers with children who are in distance learning or in quarantine. Under the law decree, workers with children under the age of 16 have the right, until 30 June 2021, to work remotely in the following cases:

1. for part or all of the time in which school is suspended and their children attend school from home via distance learning;

2. for the time that their child is ill with COVID, or

3. if their child is under mandatory quarantine.

If the type of work that the employee carries out cannot be done remotely, they are entitled to leave paid at 50% of their salary.

Private-sector employees with a disabled child have the right work remotely until 30 June 2021 (this as long as the other parent is not unemployed or their work cannot be done from home).

Updated 15 March 2021

From today, until at least 6 April, the Milan Area (and Lombardy Region) will be moved to "red zone".

For employment related matters this means that:

1. Remote working will be the norm;

2. Employees can go to the office only if strictly necessary and with a self-declaration/declaration by the employer; and

3. The same applies for any work-related travel outside the place of residence (ie self-declaration/employer's declaration required).

Updated 5 March 2021

In many parts of the country more stringent measures have been introduced by a new Decree:

1. Remote schooling in Lombardy must start with immediate effect today;

2. Milan has moved to a "strengthened orange' zone (between red and orange), which in practice means:

   • strict lockdown, schools closed and stringent restrictions will apply, effective immediately;

   • remote working is now the priority and employees should be invited to go to the office only where strictly necessary;

   • it is prohibited to move outside the municipality of residence and employees who live outside the municipality of Milan should have a self-declaration (which can be downloaded from the internet) attesting that they are moving for work-related reasons; and

   • the tight deadline has been engineered to try to prevent people going to second homes or moving before Monday (ie the Decree clearly prohibits this option).

The new rules will apply at least until 14 March. As a reminder, the prohibition on individual and collective dismissals (save for cause, for example misconduct) applies until 31 March 2021 and there are rumours this may be extended further.

Updated 1 March 2021

Milan is back in an “orange zone” this week. In practice this means that employees should have a declaration from their employers to access the workplace. The same declaration is needed for any movement outside the municipality of residence (including for work related reasons). Remote working remains the priority. The other additional measures relate to social life (eg closure of bar and restaurants (not take-away), closure of shops and a curfew from 10pm to 5am etc as below).

Updated 1 February 2021

The Milan area has now moved out of the red zone and into the yellow zone, until at least 15 February when the authorities will next assess the infection rate.

This means that employees can now go to the office without attestation if they live in the same city or region (for movements between Regions attestation is still required).

Updated 18 January 2021

A new Decree has been issued, which generally confirms the stringent measures already in place. Further measures have also been introduced. Below is a recap of the current scenario:

1. The "colour system" in which the country has been divided has been confirmed. Depending on the infection rate, each week the government will confirm the "colour" of each Italian Region (ie red, orange and yellow, with the more stringent measures applied in red zones).

2. Milan area is now included in the red zone until 15 February 2021 - practical consequence of this is that employees can go to the office only with an attestation confirming that there is valid working related reason to do so.

3. A new strict measure is that until 15 February it will no longer be possible to move across Regions regardless their "colour", save for documented (i) work related; (ii) serious heath and (iii) serious need (hence no possibility to reach a "second home" in another Region).   

4. Even in yellow Regions it is possible to visit another household only (i) within the same municipality; (ii) once in a day; (iii) maximum two persons are allowed.

5. Curfew from 10pm until 5am is confirmed across the whole country.

6. Bars and restaurants are closed in red and orange zones and are open until 6pm in yellow zones. Food home delivery is allowed.

7. Shops, beauty salons and hair salons are open in orange zones, closed in red zones (save for pharmacies, supermarkets and tobacco shops).

8. Gyms, swimming pools closed until 5 March 2021.

9. Ski resorts closed until 15 February 2021.

10. Theatres and cinemas closed.

11. Museums can start opening from Monday to Friday with limited quota entry.

Updated 7 December 2020

A new Decree is in force, mainly focussed on limitations on movement. The new restrictions are aimed at managing the Christmas break and obliging people to stay home.  This includes:

1. Prohibition on moving between regions from 21 December to 6 January (including to go to holiday homes).

2. Prohibition on moving between municipalities on 25, 26 December and 1 January 2021 (including to go to holiday homes).

3. Mandatory quarantine for Italian citizens coming back from holidays abroad in the period 20 December to 6 January 2021.

4. Mandatory quarantine for non-Italian citizens entering into Italy in the period 20 December to 6 January 2021.

5. Curfew confirmed between 10pm and 5am (including New Year's Eve).

5 November 2020

A new Decree has been approved overnight and will cover the period 5 November - 3 December 2020.

This imposes stricter restrictions including curfew from 10pm to 5am across the whole Italian territory.

The country will be divided in 3 zones (red, orange and green), depending on the seriousness of the situation on the ground.

Milan will be included in the "red zone".

This implies the following further restriction in the Milan area:

• prohibition to exit from and enter into the Lombardy Region and prohibition to move within the same Region unless for (i) medical reasons or (ii) "proved working reasons".

From an employment perspective, in practice this means that if an employee goes to the office, he/she must be provided with an attestation from the employer that he/she is their employee and his presence is required in the office that day. The same applies if an employee needs to visit a client.

The Decree confirms that remote working remains the priority.

Given the new restrictions we expect that the norm in Milan will be remote working for all staff, unless critical needs mean that they must be present in the office (like back in March).

Please let us know if you would like to follow up with our Italian team in relation to this development.

See our coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.