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Green Pass Obligation

22
sep

From 15 October 2021

on 22/09/2021 the D.L. 127/21 which contains the new provisions regarding the obligation of the Green Pass for all workers, public and private, an obligation which will take effect from 15 October 2021.
So far, these rules are so far valid until 31 December 2021, parallel to the duration of the state of emergency.

Mandatory conditions
Anyone who works in the private sector is required, for the purpose of accessing the places where the aforementioned activity is carried out, to possess and exhibit the Green Pass upon request.
This obligation is applicable to all subjects who carry out, for any reason, their work or training or volunteer activity in the workplace, also on the basis of external contracts.
These provisions do not apply only to subjects exempt from the vaccination campaign, on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.

Obligations of the employer
The employer is required to verify the possession of the Green Pass by its employees and all other subjects who, in order to carry out their work, must access the workplace (visitors are excluded).
The obligation also applies to self-employed workers without employees, who will be checked for the performance of their activities by third parties.
Employers must define, by October 15, 2021, the operating procedures for organizing the verification of possession of the Green Pass, including on a sample basis, providing priority, where possible, that such checks are carried out at the time of access to the premises. of work and identify with a formal deed the subjects in charge of ascertaining the violations of these obligations.
We therefore advise companies to update their “Corporate protocol for regulating measures to combat and contain the spread of the SARS-CoV-2 / Covid-19 virus in the workplace by that date”.
For 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, and in any case for a period not exceeding ten days. , renewable for one time only (therefore for a maximum period of 20 days), and no later than the deadline of 12/31/2021.

Consequences in the event of default
In order to protect the health and safety of workers in the workplace, workers who communicate that they are not in possession of the Green Pass or if they do not have it when they enter the workplace, are considered unjustified absent until presentation. of the aforementioned certification and, in any case, no later than 31 December 2021, without disciplinary consequences and with the right to retain the employment relationship. For the days of unjustified absence, no salary or other remuneration or emolument, however called, is due.

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