• Fri. Oct 22nd, 2021

Compulsory green pass at work, fines and checks: all the rules


Oct 13, 2021

Mandatory green pass at work from 15 October, Prime Minister Draghi signed the Dpcm with the guidelines. What changes? Palazzo Chigi clarifies all the rules. Read also Green pass to work, the Dpcm: who must have it, who does not have it, who controls The Prime Minister Mario Draghi, on the proposal of the Minister of Public Administration Renato Brunetta and the Minister of Health Roberto Speranza, adopted with Dpcm the guidelines relating to the obligation to possess and exhibit the green COVID-19 certification by the staff of public administrations. “In addition to the employees of the single administration, employees of companies that contract out the cleaning, catering, maintenance, supply of automatic vending machines, consultants and collaborators and lenders or attendants of courses of training, as well as couriers who deliver office or private mail to the offices. Only users are excluded “, it is emphasized.” Those awaiting the issue of valid green certification will be able to use the documents issued by public health facilities and private, from pharmacies, analysis laboratories, general practitioners and paediatricians of free choice. Those without green certification must be removed from their workplace – remembers Palazzo Chigi – Each day of non-service, until the exhibition of the green certification, is considered unjustified absence, including in the period of absence an that any holidays or non-working days. In no case does the absence of green certification entail dismissal “.” The person in charge of control is the employer, who can delegate this function with a written deed to specific personnel, preferably with managerial qualifications. The guidelines leave the employer free to establish the implementation modalities. The control can take place at access, avoiding delays and queues during the entry procedures, or subsequently, on a carpet or on a daily sample of not less than 20% of the staff in service, ensuring the rotation and therefore the control of all staff ” . “For verifications, you will be able to use the free Verification C-19 application. In addition, applications and platforms will be provided to administrations aimed at facilitating automated control, on the model of what happened for schools and universities. “The Dpcm also provides for greater flexibility in entry and exit times.” Each administration – it is specified – also in order not to concentrate an excessive number of personnel on the tasks of verifying the green certification, it will have to widen the entry and exit ranges from the workplaces of the staff employed by it. It will therefore be possible to reach the workplaces themselves and the start of work in a longer period of time “. Compulsory green pass for work, the faq of Palazzo Chigi Controls Each administration or company is autonomous in organizing controls. Employers define the operating procedures for organizing checks, including random checks, providing priority, where possible, that such checks are carried out at the time of access to the workplace. “It is appropriate to use methods of verification that do not determine delays or queues at the entrance. In public administrations, the assessment, which must take place on a daily basis, primarily in the morning slot of the working day, can be generalized or on a sample basis, provided that not less than 20% of the staff present in service and with a rotation criterion that ensures, over time, control over all employees “, explains Palazzo Chigi. In addition to the VerificationC19 app, specific functions will be made available to employers, both public and private, that allow for a daily and automated verification of the possession of certifications. checks may take place through: – the integration of the QR code reading and verification system of the green certificate in the control systems for physical access, including those for detecting attendance, or temperature; – for public bodies adhering to the NoiPA Platform, realized by the Ministry of Economy and Finance, the asynchronous interaction between the same and the national platform-DGC; – for employers with more than 50 employees, both private and public who are not members of NoiPA, the asynchronous interaction between the INPS institutional portal and the national platform-DGC; – for public administrations with at least 1,000 employees, also with service offices located in several physical locations, an application interoperability, in asynchronous mode, between the IT personnel management systems of the, and the national DGC-Platform. Who is not vaccinated What happens to those who cannot receive the vaccine for health reasons? “Those who, for proven health reasons, cannot carry out the vaccine against COVID-19, must show a certificate containing the appropriate ‘QR code’ being prepared”, reads the Faq. “Pending the release of the relative application, the exempt personnel – after transmission of the relative health documentation to the competent doctor of the administration to which they belong – will not be subject to any control”. Green pass on arrival For those who are entitled to the green pass but have not yet received the certificate, “it will be possible to use the documents issued, in paper or digital format, by public and private health facilities, pharmacies, analysis laboratories, doctors of general medicine and by free choice pediatricians “. Sanctions for those who are not vaccinated “The worker, public or private, is considered unjustified absent, without the right to a salary, until the presentation of the green pass” if he goes to work without a certificate. The worker who enters the workplace without a green pass faces a fine 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 worked, will no longer be paid to the worker without the green pass. contribute to the accrual of holidays and involve the loss of the relative length of service “, reads the Faq. The employer who does not check compliance with the rules on the green pass risks an administrative penalty ranging from 400 to 1,000 euros. Green pass from beauticians, hairdressers, taxis Hairdressers and beauticians do not have to ask customers for the Green pass. “Do hairdressers, beauticians and other operators in the personal services sector have to check the green pass of their customers? And do customers have to check the green pass of these operators? The business owner must check the pass of any employees but must not request it from customers, nor are they required to ask those who carry out the work in question “, explains Palazzo Chigi. How should customers who get on board a taxi or NCC car behave? “Customers are not required to verify the Green pass of taxi drivers or NCC drivers.” Green pass mandatory at work for public employees from 15 October. What are the rules? How do the controls work? How is the verification carried out? Do users need the Green pass? Is the certificate used to carry out smart working in the PA? The guidelines clarify the situation. Green pass and smart working No exceptions are allowed on the obligation of the Green pass for public employees and without a green certificate it is not possible to use smart working: it is not allowed in any way to identify the workers to be used for agile work on the basis of non-possession of the green pass or the inability to exhibit the certification. Possession of the green certificate and its presentation are conditions that must be met when entering the workplace. The worker who declares possession of the Green pass but is unable to exhibit it must be considered unjustified absent and cannot in any way be used as an agile work method.