The rules on the control of the green pass in the workplace

From 15 October, the verification for 23 million workers. Here's what you need to know about obligation, reading apps, controls, access to canteens, smart working and sanctions

Green pass blur Two and a half months starting from October 15: the obligation to access work will last so long with the green pass, according to the decree law 127 of 21 September, to be shown at the entrance or on request until the last day of the year, the date scheduled for the end of the state of health emergency from Covid-19 in Italy. The obligation, it should be noted, does not foreshadow an exception to the rule of the distance meter and compliance with current guidelines and protocols. The rule, presented last month, was updated shortly before the signature of the head of state and subsequently the government further clarified some doubts. Here is a summary of the salient aspects and some particular cases.

Who is obliged

All public, private and self-employed employees, for an estimated total of 23 million employees. The law also applies to judges and administrative staff of the courts, the staff of independent authorities, public economic bodies, bodies of constitutional importance, elective and institutional positions at the top. In particular, from 15 October the ordinary working methods of the public administration are once again present and the checks will take place according to the guidelines of the Ministry of Public Administration. Confindustria has also published useful documents and procedural indications to fulfill the obligations. The green pass has also been in force since September 1 for access to schools and universities, but not for children, pupils and students who attend regional training systems, with the exception of those who take part in the training courses of higher technical institutes.

Controls

Employers have until Friday to arrange the "priority" control methods for access, but also on a sample basis. The employer or the persons in charge must report to the prefect the presence of workers without a green pass. In turn, the authority will be able to send labor and local health inspectors.

The owner of the company that operates within it is checked by the person in charge. The freelancer is checked when he enters public or private workplaces to carry out his work. The staff on duty at school or present in the school premises are required to show the QR code combined with their green Covid-19 certification, at the request of the person in charge. In universities, checks are carried out on a sample basis in a manner identified by the universities by the responsible persons in charge.

Sanctions

Workers and employers are subject to sanctions imposed by the prefect. The former, caught without a green pass in the workplace, will have to pay a fine ranging from 600 to 1,500 euros. The latter, in the event that they have not verified compliance with the rules or prepared the verification procedures, must pay between 400 and 1,000 euros. The figures are the same both in the public and in the private sector.

Companies that carry out random checks will not incur penalties, in the event that an inspection by the authorities finds the presence of workers without a green pass, "on condition that the checks have been carried out in compliance with adequate organizational models as required by decree-law no. 127 of 2021 “, explains the government. As far as the guidelines of the public administration are concerned, the random assessment must take place in a measure of not less than 20% of the personnel present in service and with a rotation criterion, with or without the aid of automatic systems.

Effects on work

The worker without a green pass will be considered unjustified absent from the first day he is without green certification. Pay is stopped, but retains the right to keep the job. Companies with fewer than 15 employees will be able to replace it from the fifth day of unjustified absence, suspending it for a duration equivalent to the replacement contract (not exceeding ten days, renewable once and no later than 31 December). The magistrates, after 15 days without a green pass, forfeit their employment.

In all these cases, for the days of unjustified absence, no salary or other remuneration or emolument, however named, is due.

To better organize the work, the employer can request in advance if the worker has a green pass, according to article 3 of the “Capacity” 139 decree law of 2021. In this way he should be able to know in advance how many people he will be able to rely on in scheduling shifts and tasks.

Special ways of working

Customers who have a plumber, an electrician or another technician does not have the obligation but the right to check the green pass, as they are not employers but are purchasing services. The employer of the domestic worker or caregiver is instead required to verify that the employee has the green pass. Taxi drivers are not obliged to check the customers' green pass. Those who work in smart working must not have the green pass, which is used to access the workplace. In any case, smart working cannot be used for the purpose of evading the obligation of green pass.

Company canteens

Workers can access the company canteen or in the premises used for the administration of catering services to employees for consumption at the table indoors, only if they have Covid-19 green certification, in a similar way to what happens in restaurants. To this end, the managers of these services are required to verify the Covid-19 green certifications.

Platforms

At the moment there are no control platforms similar to those of the school for private individuals and the public service. The government reserved the right to ascertain the technical feasibility and possibly modify the verification methods. In any case, in the Faq on the Verification C19 app, the government includes public and private sector employers among the operators who can verify the certification. Sogei, the IT arm of the Ministry of Finance, is preparing a new version of the app, with the aim of offering it in time for October 15, according to Il Sole 24 Ore. One method could involve massive and advance checks thanks to tax codes. Special provisions are being studied for subjects exempt from the vaccine for health reasons, whose particular condition not yet emerged would be thus revealed.


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