Mandatory green pass (COVID-19 green certification) possession and display for all employees
PROVISIONS OF LAW AND PROCEDURES TO DO
Dear All,
As you may have read and heard in the media, in recent weeks the Ministry of Education and the Government have issued various provisions for employees.
Below are the guidelines regarding the Green Pass (or “green certification COVID-19”)
Should further instructions be issued, we will inform you promptly.
PROVISIONS OF LAW
- The “COVID-19 green certification
In order to protect public health and maintain adequate safety conditions in the provision of essential education services, Decree Law No. 127/2021 (Article 3, paragraph 1) introduces, from October 15 to December 31, 2021 (the current deadline for the end of the state of emergency), the obligation of the “COVID-19 green certification” for all employees.
The rule at the same time establishes a mandatory “possession” and a mandatory “display” of the green certification.
The Green certification is issued in the following cases:
- having had the first dose or 15-day single dose vaccine;
- having completed the vaccination cycle;
- having tested negative to a molecular or rapid swab in the previous 48/78 hours;
- having recovered from COVID-19 within the previous six months.
- People for whom the SARS-CoV-2 vaccination is omitted or postponed due to specific and documented clinical conditions.
The Ministry of Health – Circular n. 35309 of August 4, 2021 – has regulated the situation of people for whom the vaccination against SARS-CoV-2 is omitted or postponed due to specific and documented clinical conditions that make it permanently or temporarily contraindicated. It is stated that for these people, instead of the “green certification COVID-19”, a certificate of exemption from vaccination is issued, to all intents and purposes useful to “allow access to services and activities referred to in paragraph 1, art. 3, of Decree-Law No 127 of september 21, 2021”.
The certification of exemption to vaccination anti-COVID-19 is issued by the competent health authorities also in paper format and, in the ‘implementation of the provisions of the aforementioned Decree-Law No. 105/2021, is valid until november 30, 2021. Until that date, certificates of vaccination exclusion already issued by the Regional Health Services are also valid.
- Checking the “COVID-19 green certification
The Decree-Law No. 127/2021 establishes the obligation for all the employees to possess the “green certification COVID-19”, placing on them the obligation to verify the possession of the green certificate by those who are in service in any capacity . On the contrary, this obligation exists in case of work carried out at the client’s premises. The employees must possess and exhibit, upon request, the Green Pass in order to access to the client’s premises and the check shall be carried out not only by the employer, but also by the employer where the working activity is performed (the client).
Violation of the duty to possess and exhibit (paragraph 1) the green certificate is sanctioned administratively by authority , as “bodies responsible for monitoring compliance with the provisions for the violation of which the administrative sanction of the payment of a sum of money is foreseen”. In addition to the “sanction”, which affects the employment relationship, there is, therefore, an administrative fine for violation of the obligation to possess/exhibit.
- Failure to possess “COVID-19 green certification”: consequencesThe legislator establishes (paragraph 2, article 9-ter) the consequences for non-compliance with the obligation to possess and exhibit the “COVID-19 green certificate” by “controller”
The issue affects the employment relationship, so that the failure to possess the green certificate is qualified by the rule as “unjustified absence” and the employees who does not have it can not perform the functions of the professional profile, nor stay at office, after declaring not to be in possession or, however, if it is not able to show it to the staff responsible for control
The consequence is : suspension without pay as of the first day and readmission to service as soon as possession of the green certificate has been acquired.
PROCEDURES
- Verification of the Green Pass:
The Company by 15 October 2021 must:
- Designate the person responsible for the control with a “formal act“: we recommend a proxy from the legal representative. Please note that the Company may appoint several persons, both internal and external. We suggest to appoint a person who is physically in Italy (i.e. the pay roll or other external personnel present in Italy).
- Regulate and formalize, by means of policy or internal regulations, the actual operating procedures for carrying out and organizing checks. These operating procedures will be delivered to the person responsible for the checks.
- We suggest also to give adequate information on these procedures and on the designated person to employees.
Regarding the methods of monitoring, according to the Prime Ministerial Decree of 17 June 2021, the only way to check the possession of a valid green pass is through the App “VerificaC19”.
The App reads the QR Code on the green pass, the attestation of its authenticity and validity (without specifying the reasons for its issuance) as well as the personal details of the holder. The person responsible for checking has to download this App in order to carry out the check. Carrying out checks using the App remotely via video call could be an option, if the quality of the cameras is sufficient to allow the QR code in the green pass to be read.
- b) Molecular or rapid swab in the previous 48 hours
For those who have not undergone vaccination or are not in possession of the “certification of exemption from vaccination” or have not recovered from COVID in the previous 6 months and therefore must undergo molecular swab or rapid in the previous 48 hours, remember that at the current time the indications say that these swabs are borne by the worker and not by the company . The temporary green pass must be scanned upon entry.
We are available for any clarifications you may require and to prepare policies and appointments.
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