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Green pass, obligation to work from 15 October: guide in 5 points

Who is responsible for the controls? What penalties do you risk? What happens to the salary of offenders? What about contributions? Here's what you need to know about the extension of the mandatory green pass to the whole world of work and the guidelines contained in the new decree signed by Premier Draghi

Green pass, obligation to work from 15 October: guide in 5 points

Friday 15 October it's there green pass day. From this date, 23 million Italians will have to show the green certificate to access the workplace (14,6 million employees of private companies, 3,2 million public employees and 4,9 million self-employed). Whether it is an industry, a service company or an agricultural company, it makes no difference to the law. The government's goal is to give a decisive boost to the vaccination campaign to prevent the oncoming cold from causing the contagion curve to rise again. To achieve this goal, the executive is also ready to sacrifice part of the economic recovery, since - inevitably - the green pass obligation will create various problems for many productive realities.

On Tuesday 12 October, 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 COVID-19 green certification. But let's start from the beginning, remembering how to get the green pass.

1) GREEN PASS MANDATORY AT WORK FROM OCTOBER 15TH: HOW DO YOU GET IT?

The green pass is granted to three categories of people: the vaccinated, the recovered from Covid and those who certify their negativity by undergoing a test. In each of the three cases, the validity of the certification has a different duration:

  1. For those vaccinated with two doses, the green pass is valid for nine months, while with one, the certificate is valid only up to the date established for the second injection.
  2. For those who have recovered from the coronavirus, the validity period is six months.
  3. Anyone who undergoes an unsanitary or molecular swab gets a temporary 48-hour green pass.

All the information to download the Green Pass is on the web page set up by the government.

2) WHAT MUST/CAN THE EMPLOYER DO?

The employer can ask the workers whether they have a green pass or not. Not only that: the law provides that they can do it "preventively", ie in advance of access to the workplace, but no more than 48 before the time of entry into service of the male or female worker. The clarification aims to facilitate work planning, helping those who organize shifts to know how many people they can count on. The dpcm signed by Premier Draghi on Tuesday also establishes that checks can be carried out on a random basis, provided that the daily checks concern at least 20% of the personnel in service, ensuring the rotation and therefore the control of all personnel. For verification you can use:

  • the free app Check C-19. 
  • Sdk, or Software development kit, a development package for applications released by the Ministry of Health with an open source license;
  • the NoiPa site,
  • the INPS portal;
  • other personnel management operating systems of large public administrations that will interact with the national platform-DGC.

3) WHAT HAPPENS TO THOSE WHO GO TO WORK WITHOUT A GREEN PASS?

He will not be able to access the workplace, will be considered unjustified absence and will not receive a salary, nor will contributions be paid, until he obtains the green pass. Work days lost due to non-possession of the green pass do not contribute to the accrual of holidays or to the progression of length of service.

4) WHAT RISKS THOSE WHO DO NOT COMPLY WITH THE RULES ON THE GREEN PASS AT WORK?

Employers who do not check risk a fine ranging from 400 to 600 euros, while for workers who go to work without a green pass, the fine is even higher: from 1.500 to 19 euros. "The sanctioning framework outlined above obviously does not exclude criminal liability for cases of alteration or falsification of the Covid-12 green certification or use of someone else's certification", reads the Prime Minister's Decree of XNUMX October.

5) WHO HAS THE CONTROLS?

Workers without a green pass can be reported to the prefect (the authority that issues fines) by the employer and by people the employer has appointed to carry out the checks. But that's not all: checks can also be carried out by labor inspectors and local health authorities. Please note:: in all cases it is possible to ask the worker for an identity document, in order to ascertain the authenticity of the certification.

Read also – “What you risk with a fake green pass"

At the moment, all these rules apply until December 31, 2021, the last day of the health emergency: however, it is possible, if not probable, that the deadline will be extended.

(Last update: 17.30 on 12 October).

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