Green pass, the rules in force in the company and public offices

From 15 October the obligation to show the Green Pass will also be extended to the workplace: what are the rules and who controls

From 15 October it will be necessary to have the Green Pass for all workers, both those in the public and private sectors. The decree approved by the government last September therefore enters into force: in companies and public offices the certificates attesting the vaccination or the negative swab of the last 48 hours will be checked.

The measure has caused discussion in recent weeks, since its announcement, because it is one of the most rigid and extensive measures in the world: as Il Post points out, no other state has so far made the equivalent of the Green Pass mandatory for all categories. professional.

According to the estimates cited by the Minister for Public Administration Renato Brunetta, there will be about 23 million workers involved who will have to be vaccinated or cured from Covid or, again, have a swab with a negative result. These people are added to those in the school sector, where the obligation of the Green Pass had already been established.

Who is required 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 cleaning, catering, maintenance, supply of vending machines, consultants and collaborators, those who organize or attend training courses, and also couriers who deliver letters or parcels to offices. Those who volunteer are also involved in the obligation, says the text sent to the Regions.

The obligation of the Green Pass will apply not only to employees, but also to self-employed workers, said Renato Brunetta: the new decree, however, focuses on workplaces where there is an access door, that is, where it will be possible to do controls. He also stated that checks can be made at the entrance, for example using turnstiles, or, especially in smaller companies, on a sample basis. Health Minister Roberto Speranza, at the time of the announcement of the provision, added that these measures will be valid at least until 31 December 2021, that is the current end of the state of emergency.

Who is exempt from showing the Green Pass?

As mentioned, there is the possibility for some workers not to be required to have the Green Pass. The only ones who are exempt from the obligation to be in possession of the green certification are those workers who have a medical certification that justifies the lack of vaccination. The government has specified that for this category of people a special certificate is being prepared containing a QR code to be shown at the entrance to the workplace.

Smart working, is it possible without the Green Pass?

Smart working has been the method that has kept the country and several companies on their feet during the toughest periods of the pandemic, but it cannot be a solution for those who decide not to get vaccinated. In fact, the government has specified that workers who do not have the Green Pass at the time of checking in the workplace, or who are unable to show it even if they do, must be considered unjustified absent and cannot work in smart working.

What happens to those who do not have the Green Pass at work?

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” enter the workplace. As the government explains, “the worker, public or private, is considered unjustified absent, without the right to a salary, until the presentation of the Green Pass; in the case of companies with fewer than 15 employees, after the fifth day of unjustified absence, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding ten days , renewable for one time “.

If the worker enters the workplace without the green certificate, “the employer must then make a report to the Prefecture for the purpose of applying the administrative sanction. In fact, the worker who enters the workplace without a green pass is subject, with a provision by the Prefect, to an administrative penalty ranging from 600 to 1,500 euros. Any disciplinary sanctions envisaged by sector collective agreements are also applied.
In addition to the salary, any other component of the salary, even of a social security nature, having a fixed and continuous nature, accessory or indemnity, foreseen for the working day not performed, will no longer be paid to the worker without a green pass. The days of unjustified absence do not contribute to the accrual of the holidays and involve the loss of the relative length of service “.

Who checks the certification in the workplace?

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 independently the modalities in which the verifications will have to take place, randomly or on a carpet basis.

The checks of the Green Pass can be done both manually, through the “VerificationC19” application, already used for checks in public establishments, and through automatic systems, such as turnstiles that “read” workers’ badges, which will now be able to also check the QR codes of the Green Pass.

As far as the Public Administration is concerned, the government has provided for some differences in the methods of checks, with the aim of ensuring that no delays or queues are created at the entrance, which could have consequences for users.

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.

Will the Green Pass also be mandatory for users and customers?

No. On the government website it was specified that “the business owner must check the pass of his own employees but must not ask for it from customers, nor are they required to ask for it from those who carry out the work in question”. Both users of public administration services and customers of various types of private work will therefore not be obliged to have the Green Pass.

Can anyone who has not yet received the Green Pass yet entitled to it go to work?

Persons awaiting the issue of valid green certification and who are entitled to it, pending its release and any update, will be able to use the documents issued, in paper or digital format, by public and private health facilities, pharmacies, analysis laboratories, by general practitioners and by free choice pediatricians.

What penalties does the employer risk for failing to carry out the checks?

The employer who does not check compliance with the rules on the green pass is punished with an administrative fine ranging from 400 to 1,000 euros.

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