mandatory for all public and private workers

mandatory for all public and private workers
mandatory for all public and private workers

Green pass. The advise of ministers gave the green light unanimously to the new law decree for the extension of green certification to all workplaces. here is the full text of the Dl and the main contents.

Download the full text of the decree here

Green pass decree, the text

Magistrates and employees of the Bank of Italy, home helps, carers, electricians and plumbers, ministerial and employees of municipal councils, governors and regional councilors elected in the elections, volunteers: from 15 October to 31 December, when the state of emergency expires , the green pass becomes mandatory in all workplaces and will directly affect the lives of 23 million Italians of which 14 million and 700 thousand are employed in the private sector. Including deputies and senators even if, as the Chamber and Senate are constitutional bodies, it will be up to them to decide when and how to adapt their system according to the principle of self-declaration, that is to say autonomy of decision.


The decree, 9 articles in the latest draft, first of all introduces the obligation for all public employees: “personnel of public administrations, independent administrative authorities, including Consob and the Supervisory Commission on pension funds, of the Bank of Italy, as well as public economic bodies and constitutional bodies “as well as all” holders of elected offices or top institutional positions “. And also to all those subjects who, “for whatever reason” carry out their work in a public administration, even if with external contracts. The rule also applies to constitutional bodies – the Presidency of the Republic, the Chamber, the Senate, the Constitutional Court – but it will be up to them to define how to apply it. The same goes for the private sector: “anyone who carries out a work activity” to access the workplace is obliged to “possess and exhibit the certification”. Both in the public and in the private sector, all those who are exempt from the vaccination campaign will not have to show the green pass.


The decree also introduces an ad hoc rule for access to courts and judicial offices: the green pass must be obtained by ordinary, administrative, accounting, military and honorary magistrates, lawyers and state prosecutors and members of tax commissions. However, the rule will not apply to lawyers: the provisions, the decree says, “do not apply to lawyers and other defenders, consultants, experts and other assistants of the magistrate unrelated to the administration of justice, witnesses and parties to the trial”. A lawyer will therefore be able to go to court without having the certificate but, for example, will have to show it to enter a law firm.


In order not to further penalize those who do not want or cannot get vaccinated, the decree introduces tampons at a controlled price for everyone in pharmacies that have joined the memorandum of understanding: free for those who cannot be vaccinated, 8 euros for minors and 15 euros for all the others. The draft provides for a penalty ranging from one thousand to 10 thousand euros for pharmacies that do not respect prices and the prefect may also order the closure of the business for 5 days.


As for the swabs, with an amendment to the green pass bis decree, the validity of the molecular outcome has also been extended to 72 hours while that of the antigenic ones will continue to be 48 hours.


The government has established that the employers will have to check whether the workers are in possession of the green pass, both in the public and in the private sector. ‘organization of checks’, which may also be on a sample basis. There must be a person in charge of the checks which, as a priority, must be carried out at the time of access. The validity of the green pass can be verified, in private, with the “VerifiCa19” app, while in the public the premier, on the proposal of the ministers for public administration and health, will be able to define guidelines “for the homogeneous definition of organizational methods” .


For those who do not have a pass, a series of penalties are envisaged: in the public, after 5 days of unjustified absence, the suspension of the employment relationship and therefore of the salary will be triggered, while in the private sector the suspension will be immediate. In any case, the decree specifies, “without disciplinary consequences and with the right to retain the employment relationship”. For employers who do not carry out the checks, penalties ranging from 400 to one thousand euros are also envisaged, while public, private and self-employed employees who will be surprised in a workplace without a pass risk a penalty from 600 to 1,500 euros. And sanctions are also envisaged for ordinary magistrates: access without a pass is considered a “disciplinary offense” and is sanctioned on the basis of the relevant legislation.


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