From checks to sanctions, here are the first Faqs published by Palazzo Chigi ongreen pass obligation to access workplaces starting next Friday.
Each administration / company is autonomous in organizing the checks, in compliance with the privacy regulations and the guidelines issued with the Prime Ministerial Decree of 12 October 2021. The employers define the operating procedures for the organization of the checks, even on a sample basis, providing as a priority, where possible, that these checks are carried out at the time of access to the workplace, and identify with a formal deed the persons in charge of ascertaining the violations of the obligations referred to in paragraphs 1 and 2. It is appropriate to use methods of verification that do not cause 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.
In addition to the “VerificationC19” app, specific functions will be made available for employers, both public and private, to allow for a daily and automated verification of the possession of certifications. These checks may take place through:
- the integration of the QR code reading and verification system of the green certificate in the physical access control systems, including those for detecting presence or temperature;
- for public bodies adhering to the NoiPA Platform, created by the Ministry of Economy and Finance, the asynchronous interaction between the same and the National DGC-Platform;
- 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 platform-DGC.
Ad hoc certifications for non-vaccinable workers
Subjects who, for proven health reasons, cannot carry out the vaccine against COVID-19, must exhibit a certificate containing the appropriate «QR code» being prepared. Pending the release of the relative application, exempt personnel – after having sent the relative health documentation to the competent doctor of the administration to which they belong – cannot be subjected to any checks.
Provisional paper pending the release of the green pass
For subjects awaiting the issue of valid green certification and who are entitled to it, pending its release and any update, it will be possible to use the documents issued, in paper or digital format, by public and private health facilities, pharmacies, by analysis laboratories, general practitioners and pediatricians of free choice.
Stop salary and contributions as unjustified absentee for those without a green pass
The worker, public or private, is considered unjustified absent, without the right to a salary, until the presentation of the green pass; in the case of 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, in any case for a period not exceeding ten days , renewable for one time only. The employer must then make a report to the Prefecture for the purpose of applying the administrative sanction. In fact, the worker who enters the workplace without a green pass is subject, with a provision by the Prefect, to an administrative penalty ranging from 600 to 1,500 euros.
Any disciplinary sanctions envisaged by the 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 performed, will no longer be paid to the worker without a green pass. The days of unjustified absence do not contribute to the accrual of the holidays and involve the loss of the relative length of service
Double check for those who work in administration companies
The checks must be carried out by both, both by the administration company and by the company where the worker carries out his work.
Green pass additional obligation and not substitute for anticovid protocols
No, the use of the green pass is a further measure that cannot lead to the belief that the protocols and guidelines of the sector are out of date.
customers are not required to verify the green pass of taxi drivers or NCC drivers;
the business owner must check the pass of any employees but must not request it from customers, nor are the latter required to ask for it from those who carry out the work in question;
all those who carry out, for any reason, their work or training or volunteer activity in the company premises are subject to control;
in cases of specific organizational needs, workers are required to make communications relating to non-possession of the green pass with the necessary notice to the employer to meet these needs;
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.
Source: by www.diariodelweb.it.
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