Gero Bongiorno works as a research and development manager at an industrial machinery company in Milan, where he prepares the green pass for the Italian employee. As of October 15, the date of entry into force of the Green Pass, approaches, Bongiorno is not concerned that his direct contacts have been fully vaccinated. But other people in the industry don’t.
Employers and employees are preparing for the Green Pass
Italy’s Green Pass – a COVID-19 national passport that indicates whether someone has been fully vaccinated or tested negative for the virus in the past 72 hours – as needed in restaurants, entertainment venues, and other public places, but soon it will be necessary for employees who work in the field.
“The employer is obligated to verify that people who work in the workplace have a Green Card,” says Vittorio De Luca, a lawyer at De Luca & Partners in Milan.
“There must be a proper corporate policy defining who is responsible for verifying how and by whom, what information can and cannot be verified, and what happens in the event of [a] lack of [a] Green Pass,” he said said Luca said
Green pass and privacy
Employees have three options to purchase a Green Pass. They can be fully vaccinated, which is the notified option. Alternatively, they can undergo a negative antigen test that allows a Green Pass for 72 hours, or they can demonstrate that they have fully recovered from COVID-19 recently. The Green Pass itself does not specify which category an employee falls into and, due to the requirements of the general data protection rules, companies cannot ask.
“The company can’t ask ‘You’ve been vaccinated’ or ‘The Green Pass is active because you took the test this morning, or the PCR [polymerase chain reaction] test three days ago,” Bongiorno said.
The employer is free to determine who is responsible for verifying that employees have