«New law» on protection against the risk of COVID-19 in the workplace: more company power, but no news of compulsory vaccination. (Regarding Law 2/2021, of 29 March, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19)

Abstract

The need to strengthen prevention against the risk of contagion of COVID-19 in the workplace has created more obligations for companies. At the same time, this exceptional situation has given employers more powers of organization and control over labor and personal matters (health data) specific to their employees. Law 2/2021, of March 29, maintains, after the end of the state of alarm, and until the end of the coronavirus pandemic, specific measures for the prevention and protection of the safety and health of workers and clients. The law is born something «old», because it does not address current issues that should receive adequate treatment. This would be the case of issues such as the impact of the imminent green digital certificate («vaccination passport») and the risks of discrimination and lack of protection of data associated with it, or the thorny issue of mandatory vaccination of people employed in direct contact with customers. However, countries such as Italy, as well as the European Court of Human Rights, itself open the way to the introduction of the mandatory vaccine, only in certain cases. This study makes an analysis of the law and the most recent jurisprudential doctrine on these issues.