Compulsory green pass from 15 October for all workers, public and private. Sanctions, fines and suspension for those without a green certificate but no dismissal. The government launches the decree extending the green pass obligation by touching on the issues of controls, tampons at a controlled price, the release of the document after the first dose: 8 articles and 6 pages, with rules valid until 31 December 2021, in parallel the duration of the state of emergency.
The decree concerns, as Prime Minister Mario Draghi said during the Council of Ministers, it is necessary to continue opening the country. The measure involves 23 million workers: the army includes deputies and senators but also maid, babysitter, caregivers. And then those who work with a VAT number, those who occasionally provide a service, just think of the electrician or the plumber. To whom, on the doorstep, will no longer be required only to wear a mask, but – in less than a month – to favor the green pass. Same request for deputies and senators.
GREEN PASS AND PUBLIC EMPLOYEES
“From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to prevent the spread of the Sars-CoV-2 infection, to the staff of public administrations, to the staff of the independent administrative authorities, including the National Commission for Society and the Stock Exchange and the Supervisory Commission on Pension Funds, of the Bank of Italy, as well as of public economic bodies and bodies of constitutional importance, for the purpose of accessing the places where they work , it’s done obligation to possess and exhibit, upon request, the green Covid-19 certification“, we read in art. 1.
The worker who does not have the certificate or does not have the green pass “at the time of access to the workplace, is considered unjustified absent and, starting from the fifth day of absence, the employment relationship is suspended until the presentation of the aforementioned certification and, in any case no later than 31 December 2021, and, in any case, without disciplinary consequences and with the right to retain the employment relationship “.
GREEN PASS AND PRIVATE WORKERS
Article 3 of the decree defines the framework relating to private workers. Those without the green pass “at the time of access to the workplace, are suspended from work, in order to protect the health and safety of workers in the workplace, and, in any case, without disciplinary consequences and with the right to the preservation of the employment relationship. For the period of suspension, no remuneration or other remuneration or emolument, however called “, is due.”
GREEN PASS AND FIRST DOSE
The decree, in article 5, modifies the timing related to the granting of the green pass for those who receive the first dose of vaccine: the certificate is not issued after 15 days but “from the same administration”. So, right away.
GREEN PASS AND MAGISTRATES
“From October 15, 2021 and until December 31, 2021, deadline for the end of the state of emergency, in order to protect public health and maintain adequate security conditions, ordinary, administrative, accounting and military magistrates, lawyers and state prosecutors , the members of the tax commissions cannot access the judicial offices if they do not possess and, upon request, do not exhibit the green Covid-19 certification “, states article 2.” The provisions (…) also apply to the honorary magistrate “while, it is specified, the provisions” do not apply to lawyers and other defenders, consultants, experts and other auxiliaries of the magistrate unrelated to the administrations of justice, witnesses and parties to the trial “.
GREEN PASS, CHECKS AND FINES
“Employers are required to verify compliance with the requirements” on the obligation of green pass and, according to article 1 of the decree, define “by October 15, 2021, the operating procedures for organizing the checks, including sample, providing priority, where possible, that such controls are carried out at the time of access to the workplace and identify with a formal deed the persons in charge of ascertaining and contesting breaches of obligations “.
“The access of personnel to the workplace” without the green pass is punished with an “administrative sanction of the payment of a sum from € 600 to € 1,500”. Fines not only for employees who are caught in the workplace without a green pass, but also for employers who do not control. In fact, the dl provides for them to control, with fines – for those who do not – ranging from 400 to a thousand euros.