The President of the Republic, Sergio Mattarella, has signed and issued the decree that imposes the obligation of a green pass for public and private work, which will now be published in the Official Gazette.
Employees of public administrations are required to be in possession of the Green Certificates.
The obligation also concerns the staff of independent Authorities, Consob, Covip, Bank of Italy, economic public bodies and bodies of constitutional importance. The constraint also applies to holders of elected offices or top institutional positions.
Furthermore, the obligation is extended to subjects, including external ones, who carry out their work (or training activities, such as interns, for example) in public administrations for any reason.
The obligation to possess and exhibit, upon request, the Green Certificate is necessary to access the workplaces of the structures listed above.
The controls and who carries them out
It is the employers who are required to verify compliance with the requirements. By 15 October they must define the procedures for organizing the checks. Controls will preferably be carried out on access to the workplace and, if necessary, also on a sample basis. The employers also identify with a formal deed the persons in charge of ascertaining and contesting any violations.
The decree provides that the personnel who have the obligation of the Green Pass, if they communicate that they do not have it or are deprived of it at the time of accessing the workplace, are considered unjustified absent until the presentation of the Green Certification; after five days of absence, the employment relationship is suspended and the salary is not due from the first day of suspension. There are no disciplinary consequences and the right to retain the employment relationship is maintained.
For those who are caught without the Certification in the workplace, a fine of between 600 and 1,500 euros is foreseen and the disciplinary consequences remain unaffected. For employers who have not verified compliance with the rules and who have not prepared the verification procedures, a penalty ranging from 400 to 1,000 euros is envisaged.
The provisions for public work also apply to persons holding elected offices. The decree remits to the constitutional bodies the decision relating to the application of the regulations on Green Certifications.
Those who are employed or self-employed in the private sector are required to possess and exhibit Green Certificates upon request.
Where it applies
The obligation to possess and exhibit, upon request, the Green Certificate is necessary to access the workplace.
As with public work, employers are also required to ensure compliance with the requirements for private employees. By 15 October they must define the procedures for organizing the checks. Controls will preferably be carried out on access to the workplace and, if necessary, also on a sample basis. The employers also identify with a formal deed the persons in charge of ascertaining and contesting any violations.
The decree provides that employees have the obligation of the Green Pass and, if they communicate that they do not have it or are deprived of it when they enter the workplace, it is suspended. There are no disciplinary consequences and the right to retain the employment relationship is maintained.
A pecuniary sanction is foreseen from 600 to 1500 euros for workers who have had access in violation of the obligation of the Green Pass, for employers who have not verified compliance with the rules and who have not prepared the verification procedures, it is instead foreseen. a fine of between 400 and 1,000 euros.
For companies with fewer than 15 employees, after the fifth day of non-submission of the Green Pass, the employer can suspend the worker for the duration of the substitute contract and no later than ten days.
The decree provides for the obligation to pharmacies to administer rapid antigen tests at low prices that take into account the purchase costs, according to the provisions of the memorandum of understanding signed by the extraordinary Commissioner for the implementation and coordination of containment and contrast measures. Covid-19 epidemiological emergency in agreement with the Minister of Health. The obligation is for those pharmacies that are in a position to adhere to the protocol.
The new rules also provide for free tampons for those who have been exempted from vaccination.
Administrative staff and magistrates are required to possess and exhibit Green Certificates for access to judicial offices. In order to allow the proceedings to be carried out in full, the obligation does not extend to subjects outside the administration of justice.
Review of distancing measures
The Council of Ministers, by reason of the extension of the Green Pass obligation and the progress of the vaccination campaign, has decided that by 30 September the Technical-Scientific Committee expresses an opinion on the conditions of spacing, capacity and protection in places where cultural, sporting, social and recreational activities take place. The revaluation will be preparatory to the adoption of the immediate subsequent measures.
Support for grassroots sport
The measure intervenes, given the serious crisis that continues to pass through the sports sector due to the pandemic emergency, also in the sports sector. Thanks to the transfer to the Single Fund, in particular, specific resources are allocated that can be used to:
support the motherhood of non-professional athletes,
guarantee the right to practice sports as an irrepressible form of development of the minor’s personality; encourage the initiation of disabled people to practice sports through the use of sports aids.
Furthermore, with the transfer to the Fund for the relaunch of the National Sports System, the resources can be used to ensure further support for basic sports activities, also through non-repayable loans to be attributed to amateur sports associations and clubs.