Green Pass: the measures of the Italian government to access public, private and judicial functions from mid-October 2021 | Allen & Overy LLP
A series of measures extend and regulate the use of Covid-19 green certifications in public and private workplaces and judicial offices in Italy.
September 16, 2021, one day after the approval of the law of conversion of Legislative Decree no. 105 of July 23, 2021, the Council of Ministers launched a new decree (the “Decree”), concerning a series of measures aimed at extending and regulating the use of Covid-19 Green Certifications in public and private workplaces and judicial offices. Some of the main innovations include:
Use of Covid-19 green certifications in the public sector:
The decree under review established that from October 15, 2021 and until December 31, 2021 (current deadline for the end of the state of emergency), in order to prevent the spread of SARS infection- CoV-2, personnel of the public administration and bodies of constitutional importance, as well as persons who carry out their work or their training or their voluntary work in any capacity whatsoever in the public sector, even on the basis of of external contracts, and with the exception of the only persons exempted from the vaccination campaign on the basis of an appropriate medical certificate, will be required to wear and present, on request, the green Covid-19 certification in order to access at the workplace.
It will be up to the employers to verify the effective possession of the certification, and they will have to specify the operating methods of the organization of the controls, by privileging, as far as possible, the controls carried out at the time of the access to the workplaces. , and by formally identifying the persons responsible for ascertaining and contesting violations of the obligations imposed.
From the point of view of sanctions, it is expected that the notification of the absence of certification or the lack thereof at the time of access to the workplace will constitute an unjustified absence. This condition will continue for a period of five days, at the end of which the employment relationship will be suspended until the presentation of the certificate and, in any event, no later than December 31, 2021. The suspension does not entail any disciplinary consequences and does not entail the loss of the right to maintain the employment relationship, but determines the non-payment of wages or other remuneration or emoluments, whatever their denomination. On the other hand, in the event of access to workplaces by workers who do not have compulsory certification, an administrative penalty consisting in the payment of a sum of money ranging from 600 to 1,500 euros will be applied.
In addition, sanctions are also foreseen for employers if they do not carry out the compulsory controls or do not put in place the operational procedures for the organization of the controls; in detail, these violations will be punished by an administrative sanction consisting in the payment of a sum of money between 400 and 1000 euros.
Use of Covid-19 green certificates in the private sector:
The decree provides that from October 15, 2021 and until December 31, 2021, any person carrying out work, training or volunteering activities in the private sector, including on the basis of external contracts and with the exception of of the only persons exempt from the vaccination campaign on the basis of an appropriate medical certificate, must bear and present, on request, the Covid-19 green certificate, for the purposes of access to the places where the work is carried out.
In this case too, it is the employers who must verify compliance with the imposed obligations and who must define, by October 15, 2021, the organizational arrangements according to which the controls will be carried out, giving priority, as far as possible. , these checks carried out at the time of access to the workplaces and by formally identifying the persons responsible for noting breaches of obligations.
The sanctions envisaged for the private sector differ from those in force in the public sector; indeed, in the private sector, in the event that workers report that they do not have the certification or turn out not to have it at the time of access to the workplace, they will be immediately suspended from work until they present the certification and no later than December 31, 2021. The suspension will not have disciplinary consequences and will not result in the loss of the right to maintain the employment relationship, but it will result in no -payment of salaries or other remuneration or emoluments, however worded, for the duration of the suspension. In addition, in the private sector, for companies with less than 15 employees, after the fifth day of non-presentation of the certificate, the employer can suspend the worker for a period corresponding to the duration of the employment contract concluded for replacement and in any event for a period not exceeding ten days and not exceeding the deadline of December 31, 2021. Access to private workplaces by the worker without the certificate is punished, also in this sector, an administrative penalty of between 600 and 1,500 euros.
In the private sector also, sanctions are envisaged for employers who do not carry out compulsory checks or do not specify the operating methods of their organization; in detail, this behavior will be punished by an administrative penalty consisting in the payment of a sum of money ranging from 400 to 1000 euros.
Use of Covid-19 green certificates in judicial offices:
The text of the new measure obliges ordinary, administrative, accountant and military magistrates, lawyers and public prosecutors, members of tax commissions, as well as honorary magistrates, to be holders and to present the green certificate to access the functions. judicial proceedings, also from October 15. 2021 to December 31, 2021.
The absence of the office for non-possession or non-presentation of the certificate when accessing the judicial office will be considered an unjustified absence, while access in violation of the imposed obligations will constitute a disciplinary fault and will be punished by the penalties provided for by the respective legal orders of the persons concerned. If, on the other hand, an honorary magistrate accedes to judicial functions in the absence of certification, he will be suspended from his functions until the production of the certification and, if it is not produced within 30 days, his office will be be revoked.
Within the judicial offices, the control of the respect of the obligations imposed by the new decree will be devolved to the persons in charge of the internal security of the structures where the judicial activity takes place, and in the event of access to the offices in violation of the sanctioned obligations. or failure to monitor compliance with obligations, the same administrative sanctions provided for the public sector will be applied.