Green pass and work: from the obligation to the sanctions, here are the news from October 15th

Green pass and work: from the obligation to the sanctions, here are the news from October 15th
Green pass and work: from the obligation to the sanctions, here are the news from October 15th

Can the employer replace the suspended worker?

Only in companies with fewer than 15 employees. The decree in fact provides that the suspension in the event of failure to present the green certification (which starts from the fifth day) may correspond to the duration of the employment contract for replacement. In any case, for a period not exceeding 10 days and no later than the deadline of 31 December 2021.

What happens to those who submit a fake green certification?

There are two possible frauds: counterfeiting or buying a fake certificate; impersonating another person by showing another person’s certification. Anyone who falsifies a green certification risks incurring the crime of material forgery committed by the private individual: the penalty is imprisonment from six months to three years, reduced by up to one third. Anyone who uses a false pass without having taken part in the counterfeiting commits the crime of using a false document, but the penalties are further reduced by a third.

These are offenses that can be prosecuted ex officio: anyone can report the false certification, both the control staff and any other person. Those who use the certification of others could also be subject to the crime of substitution, punishable by imprisonment for up to one year. The typical scams of fraud are not necessary for the crime of substitution. So showing a green certificate from another person can trigger the crime of person substitution.

Will private workers who do not present the green pass be fired?

No, they will be sanctioned: financial penalties and suspensions for unjustified absence. Dismissal is not foreseen.

Are there penalties for pharmacies that do not respect the controlled prices for tampons established in the memoranda of understanding?

Yes, there is an administrative penalty ranging from one thousand to 10 thousand euros. The prefect can also order the closure of the activity for 5 days, compatibly with the needs of continuity of the service.

SWABS

Are there free tampons for those who are not vaccinated?

The tampon will be free only for frail people.

Are there any controlled prices for tampons?

The controlled price for rapid tampons in partner pharmacies has been extended from 30 September to 31 December 2021. You pay 15 euros, instead of 22, for adults and 8 euros from 12 to 18 years.

Are salivary swabs enough to get the green pass?

Yes, it is one of the innovations coming from the conversion of the first green pass decree into law. The pass is valid for 48 hours.

Is there a swab requirement also to access the emergency room?

Yes, with the conversion into law of the first green pass decree, the obligation of a negative buffer has arrived, even if equipped with a green pass, to enter the emergency room. The only exceptions are cases of objective impossibility due to urgency, assessed by health personnel.

MANDATORY HEALTHCARE RESIDENCES

When is the mandatory vaccination in RSAs triggered?

The date that imposes the obligation to vaccinate in RSA starts from 10 October.

Are daily visits allowed in RSA?

The conversion of the first Covid decree into law allows daily visits to guests of residential structures such as Rsa (compulsory health residences), Rsd (health residences for the disabled), hospice, by family members with a green pass. Family members must also be allowed to provide daily assistance in the event that the person being hosted is not self-sufficient.

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