Everything you need to know about the obligation to green pass at work

We start on October 15th. Here's how it works for the public and the private. What are the penalties. When the checks take place. A guide to all questions

(photo: Stefano Guidi / Getty Images) Mandatory green pass for all public, private and self-employed employees: this is the content of the decree law approved Thursday by the Council of Ministers, which extended the scope of application of the Covid-19 green certification, as an urgent measure to ensure the safe performance of public and private work. According to data released by the government, the law affects 18 million public and private workers, of which 13.9 million already have a pass.

What is the temporal validity of the obligation?

The decree established a duration from October 15, 2021 until December 31, 2021, which is currently the envisaged term of the state of emergency. This duration covers both the public and private sectors.

Who must be in possession of the green pass?

Employees of public offices and those who are employed or self-employed are required to "possess and exhibit on request" the green Covid-19 certificate. It is also required for those who carry out work, training (interns) or volunteer activities in administrations or private workplaces, also on the basis of external contracts. This also applies to those who provide services such as self-employed workers, domestic workers or carers, professional offices.

In the public sector, the obligation includes the personnel 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. The decree remits the decision relating to the application of the discipline to the constitutional bodies.

Who should check?

It is employers who are required to verify compliance with the requirements. By 15 October they must define how the audits are to be organized. The employers also identify with a formal deed the persons in charge of ascertaining and contesting any violations. External workers will pass through a double check: as well as by the subjects of the office where they carry out their functions, also by their respective employers.

Where is the control applied?

The obligation to possess and exhibit, upon request, the green certificate is necessary to access the workplace. Therefore, the checks must be carried out "primarily" on access but they can also be carried out on a sample basis.

What happens to the employee without a green pass?

In the public sector, staff without a green pass or lacking at the time of access are considered unjustified absent until the presentation of the same. After five days of absence, the employment relationship is suspended and the salary is not due starting from the first day of suspension.

In the private sector, one passes directly to the suspension after the first day, but in both cases there is no there are disciplinary consequences and the right to retain the employment relationship is maintained. In companies with fewer than 15 employees, after the fifth day of non-presentation of the green pass, the employer can suspend the worker for the duration corresponding to that of the contract stipulated for his replacement, in any case for a period not exceeding ten days. and no later than the deadline of December 31.

In the courts, administrative staff and magistrates are required to possess and exhibit the green pass for access to judicial offices. In order to allow the full performance of the proceedings, the obligation does not extend to subjects outside the administration of justice. However, suspension is not envisaged for the magistrate, but lapses from employment if he is unjustified absent from work for more than 15 days because he does not have a green pass.

What are the penalties?

For those who are caught without certification in the workplace, a fine of between 600 and 1,500 euros is foreseen and the disciplinary consequences remain valid. For employers who have not verified compliance with the rules and who have not prepared the verification procedures, a fine ranging from 400 to 1,000 euros is envisaged. The figures are the same in both public and private sectors.

How to get the green pass?

The green certificate is issued to those who have vaccinated against Covid-19, obtained a negative result in the molecular or antigen test or are cured of Covid-19.

The certification can be downloaded from the dgc website .gov.it by accessing with a digital identity, or with a health card in combination with the unique code received via email or text message; from the electronic health record; from the Immuni app and the Io app. The green pass contains a qr code to show printed or on display with the essential information to the operators authorized to check.

How much will the tampons cost?

The decree requires pharmacies to administer rapid antigen tests at low prices that take into account purchase costs. The obligation is for those pharmacies that are in a position to adhere to the protocol signed by the Extraordinary Commissioner in agreement with the Minister of Health. The cost of the tampons will be 8 euros for minors and 15 euros for adults. The new rules provide for free for those who have been exempted from vaccination. The validity of the molecular swabs was extended from 48 to 72 hours.

Is the green pass also necessary in case of smart working?

It is not necessary. However, the absence of a green pass does not automatically establish the right to carry out work in smart working. On the other hand, if the job allows remote work, the absence of a green pass cannot be a way to sanction the worker.

With which tool is the green pass checked?

So far, the government has indicated only the use of the Verification C-19 app, for operators of public places, public officials, personnel assigned to control services for entertainment and show activities in open places, accommodation facilities , health, social-health and social-assistance. The same app is used by authorized operators, for example in ports and airports. The Ministry of Education has indicated it for state schools in conjunction with the sidi.pubblica. Formazione.it platform.


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