On Tuesday, the government approved two Dpcm with guidelines on the controls of the Green Pass for public administration and private sector workers starting next October 15, when the certificate will become mandatory for all workers. We have put together a list of answers to the most frequently asked questions, to clarify what will happen from that day on.
– Who is obliged to have the Green Pass?
The obligation applies to all workers in the public administration and the private sector, except those who are exempt from vaccination against the coronavirus for medical reasons. It also concerns the workers of companies that contract out the cleaning, catering, maintenance, refueling services of vending machines, consultants and collaborators, those who organize or attend training courses, and also couriers who deliver letters or parcels to offices.
– Who is exempt from the Green Pass requirement?
The only workers who are not required to have the Green Pass are those who have a medical certification that exempts them from vaccination. In the answers to the most frequently asked questions (FAQ), the government specifies that a special certificate is being prepared for this category of people containing a QR code to be shown at the entrance to the workplace.
– Will users and customers have to have the Green Pass?
Both users of public administration services and customers of various types of private work will not be obliged to have the Green Pass: we are talking about those who go to a public office to receive a service, or those who take a taxi or go to the hairdresser or at the supermarket.
– Who will have to carry out the Green Pass checks?
In both the public and private sectors, the controls will be the responsibility of the employer, who in turn can delegate the function to another worker. This will be able to decide autonomously the modalities in which the verifications will have to take place, randomly or on a carpet basis.
– When and where will the checks take place?
Controls must take place as a matter of priority, when possible, at the time of access to the workplace, but they can also be carried out subsequently. The Green Pass checks can be done both manually, through the “VerificationC19” application, already used for checks in public establishments, and through automatic systems, such as the turnstiles that “read” badge of workers, who will now also be able to check the QR codes of the Green Pass.
– Will the employer be able to check the Green Pass in advance?
Yes, the employer will be able to verify the Green Pass in advance of entering the workplace, but only up to 48 hours before the day or work shift (48 hours is the maximum validity time of the rapid antigen test that allows you to obtain the certificate in case you are not vaccinated).
– Will there be differences between the public and private sectors?
For the public sector, the government has foreseen some differences in the methods of checks, with the aim of ensuring that there are no delays or queues at the entrance, which could affect users. If the checks cannot be carried out at the entrance, in particular if there are no automatic verification systems, the managers responsible must carry out checks on a daily basis, which must concern no less than 20 percent of the staff present on duty.
These checks must be carried out ensuring a rotation criterion for all employees, and primarily during the morning. Where, on the other hand, the check takes place at the entrance to the workplace, the managers will be able to carry out further random checks even on a non-daily basis.
In addition to the automatic control systems and the “VerificationC19” application, other methods of verification of the Green Pass have been envisaged in the public administration: there will be a new integration between the NoiPA platform used by some administrations and the national-DGC platform for verification of the Green Pass; and for administrations with more than 50 employees, with priority for those who do not use the NoiPA platform, there will be a new service on the INPS website that will allow the verification of the Green Pass on the basis of the employees’ tax codes.
– Can anyone who is entitled to the Green Pass but has not received it yet go to work?
People who are entitled to the Green Pass but who are still waiting to receive certification can go to work using the appropriate paper or digital documents issued by public and private health facilities, pharmacies, analysis laboratories, general practitioners and by free choice pediatricians.
– What happens to those who do not have the Green Pass?
People without the Green Pass, without the exemption certificate or without the documents certifying the right to the Green Pass, cannot “in any way and for any reason” access the workplace: in case of violation, workers will receive a administrative sanctions ranging from 600 to 1,500 euros, while employers who do not check compliance with the rules risk a sanction ranging from 400 to 1,000 euros.
Workers without a Green Pass and consequently removed from their workplace are to be considered unjustified absent and are not entitled to wages or any other compensation provided for the working day not performed. Furthermore, the days of unjustified absence do not contribute to the accrual of holidays and involve the corresponding loss of length of service.
– Those who do not have the Green Pass can alternatively work in smart working?
No, the government specifies that workers who do not have the Green Pass at the time of the workplace check, or who are unable to show it even if they do, must be considered unjustified absent and cannot work in smart working.