For over two weeks now we have been talking aboutobligation of the green pass in order to work.
A novelty that, on the other hand, we have defined historic as Italy was the first country to adopt such a one restriction and only now there are those – such as Austria – who are following our example.
Not all workers, however, have understood well What happen in those days when you do not have a green pass. There are those who simplify by talking about unjustified absence with consequent salary suspension, but with the guarantee of don’t lose your job (as dismissal is not allowed).
In reality, as explained by the ministerial FAQ on the mandatory green pass, the aftermath they are much more complex. It cannot be simplified: those who are not vaccinated decide not to undergo a swab continuously, accepting to stay at home and be unjustified absent he must know what he is up to.
We will do it in this one guide, clarifying what the consequences are, not only for the salary, for those who are unjustified absent because they lack certification. On the other hand, a summary is necessary given the latest rumors about it: it seems, in fact, that thegreen pass obligation to work could be extended until June 2022 (at the moment the deadline is set at 31 December 2021).
NO GREEN PASS TO WORK: WHAT IS LOST?
No green pass at work: the consequences for holidays and permits
We have already talked about holidays and permits for unjustified absentees due to lack of green passes, but it is important to return to this space. We remember, in fact, that during the unjustified absence neither holidays nor permits are accrued.
In this regard, considering that every month two days, and a little more, of holidays accrue, a continuous absence of several months could jeopardize the summer holidays and at the most it will be necessary to draw on the remaining ones. As long as these have not already been requested to take time off from work on the days in which you do not have certification, so as to still maintain the right to remuneration.
When holidays, permits and sickness cannot be requested
Small parenthesis: not always it is possible to request holidays, permits, or to get sick to circumvent the obligation of the green pass at work and not lose the salary. As the ministerial FAQs explain, in fact, if the company ascertains at the time of entry that a worker does not have a green pass, this will be unjustified absence until he shows up for work with a valid certification. In the time that has elapsed, this will not be able to request holidays, leave, nor will it be covered by any sickness allowance in the event that he falls ill.
Different speech in the case in which the control of the company takes place a posteriori, that is after entering an office. In this case, the employee without the green pass will have to go home, but will have the possibility to request holidays, leave or illness (if recognized by the doctor of course) in the following days.
Unjustified absence: the consequences for retirement
They are not here, instead, consequences for retirement. As confirmed by a recent orientation of the Supreme Court, judgment 15120/2019, in fact, even in the event of unjustified absence the employer must take charge of the social security contributions.
You are therefore entitled to the payment of contributions useful for the pension, for which the calculation basis cannot be less than the amount that would be due to the worker in application of the collective agreement.
No green pass at work: the consequences for the thirteenth and fourteenth
Thirteenth and – when recognized – fourteenth they are additional monthly salaries for which the worker accrues the right during the year.
We can, in fact, simplify by saying that every month it matures 1/12 thirteenth and fourteenth. Consequently, those who work for the whole year will be entitled to a thirteenth and fourteenth of an amount equal to, or at least close to, that of a normal salary.
Thirteenth and fourteenth, however, they do not accrue in periods of unjustified absence. This means that if during the year there was a month of unjustified absence, the thirteenth and fourteenth will be equal to 11/12 of the salary, 10/12 with two months of absence and so on.
Let alone those who are absent for six months: the amount of these additional months will be halved compared to what would have been recognized if there had been no interruption of work.
No green pass at work: the consequences for career advancement
The truancy also has consequences for a possible horizontal economic progression. As specified by the government FAQ, unjustified absence involves the corresponding loss of length of service, for any purpose. If, therefore, among the requirements for career advancement there is also that of a “minimum period of permanence in the economic position”, It is important to know that the periods of unjustified absence are not included in the calculation.