Green pass Italy is also mandatory in the workplace starting today, Friday 15 October. Therefore, checks in the public and private sectors are underway to ensure compliance with the rules and guidelines established in the Dpcm signed by Prime Minister Mario Draghi. But how do the controls work, what risks the worker without a green certificate and what are the penalties for companies that do not carry out the checks required by law? The government responds in the Faqs published on the official website.
VERIFICATION OF THE GREEN PASS, HOW IT WORKS IN THE COMPANY
“Each administration / company is autonomous in organizing controls, in compliance with the privacy regulations and the guidelines issued with the Prime Ministerial Decree of 12 October 2021. Employers – reads the faq – define the operating procedures for the organization of checks, including random checks, providing priority, where possible, that such checks are carried out at the time of access to the workplace, and identifying with a formal act the persons in charge of ascertaining breaches of obligations. It is appropriate to use methods of ascertainment that do not cause delays or queues at the entrance. In public administrations, where the assessment does not take place at the time of access to the workplace, it must take place on a daily basis, primarily in the morning slot of the working day, it can be generalized or sample, 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, we read again, “specific functions will be made available to employers, public and private, which allow for a daily and automated verification of the possession of certifications. These verifications can be carried out through: the integration of system for reading and verifying the QR code of the green certificate in physical access control systems, including those for detecting attendance 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 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, even with service offices located in several physical locations, an application interoperability, in mod asynchronous ality, between the personnel management information systems of the, and the National Platform-DGC “.
WHAT SANCTIONS RISK WHO IS WITHOUT A GREEN PASS (AND WHO DOES NOT CONTROL)
As stated on the government website, the public or private worker “is considered unjustified absentee, 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 once “.
In the event that the worker enters the workplace without a Green pass, “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 to , with a provision of the Prefect, to an administrative sanction ranging from 600 to 1,500 euros. Disciplinary sanctions that may be provided for by the sectoral collective agreements are then also applied “.
In addition to the salary, “no 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. The days of unjustified absence are not contribute to the accrual of holidays and involve the loss of the relative length of service “.
And what penalties does the employer risk for failing to carry out the checks required by law? “The employer who does not check compliance with the rules on the Green pass – reads the Faq – is punished with an administrative sanction ranging from 400 to 1,000 euros”.
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