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Super green pass at work for over 50s: mandatory from 15 February. Rules, fines and penalties

The Super green pass obligation at work for the over 50s starts on February 15th. Rules, exemptions, checks, sanctions, fines: here are the answers to the most frequently asked questions

Super green pass at work for over 50s: mandatory from 15 February. Rules, fines and penalties

The countdown has already started. From Tuesday 15 February, citizens over 50 will be required to have the Super green pass to go to work. The predicts it decree approved by the council of ministers on January 7, which also establishes fines for workers and employers who do not respect the envisaged rules.

The super green pass obligation at work will last three months, i.e. until 15 June and follows the entry into force of another measure by two weeks: the fine of 100 euros for people over the age of 50 who have not complied with the vaccination obligation. According to data, these are 1,68 million citizens who, two years after the outbreak of the pandemic, have not yet received even a dose of the vaccine.

In view of the entry into force of the new rules, we try to respond to the frequently asked questions.

How do you get the Super green pass?

The Super green pass is obtained only through vaccination or after recovery from Covid-19. You can have it as early as fifteen days after the administration of the first dose and it will be valid until the next one. After the second dose, the enhanced green pass is valid 

for six months. After the booster dose or third dose the duration is unlimited. 

What is the difference between Super green pass and Basic green pass?

Unlike the "super", the basic green pass can also be obtained with a rapid or molecular anti-Covid test. In the first case its validity will be 48 hours, in the second 72 hours.  

What are the rules for over 50s?

Since last February 1, it is necessary to have the Green pass (basic or enhanced) to access many types of activities and shops. Furthermore, from the same date, all citizens over 50, but also those who will reach this age by June 15, are obliged to undergo the anti-Covid vaccination. 

The obligation concerns citizens over the age of 50 who:

– have not yet started the primary vaccination course;
- have not received the second dose within 21 days (Pfizer) or 28 (Moderna);
– have not received the third dose within the prescribed time frame.

The obligation applies to Italian citizens, to Europeans residing in Italy and to foreigners registered and not registered in the National Health System. 

Who controls and what are the sanctions for the over 50s subject to the obligation?

Anyone who does not comply with the obligation is subject to a one-off fine of 100 euros. The checks are carried out as a sanction and the fine is imposed by the Ministry of Health, through the Revenue Agency.

Anyone who receives a sanction from the Revenue Agency following the checks will have 10 days to communicate to the ASL "any certification relating to the deferral or exemption from the vaccination obligation, or other reason of absolute and objective impossibility" . If the Local Health Authority does not confirm the non-existence of the vaccination obligation, the Revenue Agency will send "a debit notice, with the value of an enforceable title" within 180 days. At this point, all that remains is to appeal to the justice of the peace, but in the event of defeat, the court costs may also have to be paid.

What are the rules on the Super green pass at work?

Starting from February 15, a further tightening will take place: the over 50s subject to the vaccination obligation will need the Super green pass to access both public and private workplaces. 

What are the sanctions and fines for workers over 50 without a Super green pass?

An over 50 person who is found without an enhanced green pass in the workplace will receive a fine of between 600 and 1.500 euros. Anyone who declares that they do not have the certification will be considered unexcused absence until the document is presented. If for four days, even if not consecutive, the worker is found without a Super Green Pass, he will be suspended from service and salary. There are no disciplinary sanctions and the worker will retain the right to maintain the employment relationship. 

What if you have a Covid vaccine exemption?

Workers over 50 who have not had the vaccine for health reasons cannot be suspended but can be assigned to different tasks, even in smart working, without however incurring a salary reduction. 

What are the obligations and fines for employers?

Employers have an obligation to check anyone who accesses their offices and therefore both employees and collaborators, customers, suppliers, etc. In the event of failure to check, fines ranging from 400 to one thousand euros are foreseen. 

What are the rules for workers under 50?

Workers under the age of 50 will be able to continue to access the workplace with only the basic green pass (obtainable after a molecular or antigenic test, we remind you).

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