Law Decree 127/2021, which imposes a green pass obligation on workers in private companies for the period from 15.10.2021 to 31.12.2021, has officially come into force.
For all categories of workers, it has become compulsory to possess and to show the green pass when entering the workplace.
Excluded from the obligation are those with specific clinical conditions certified and identified by a specific list of the Ministry of Health.
The obligation to check the validity of the green pass belongs to the employer.
The certification must be checked when entering the workplace, using a special application that allows the code on the green pass to be read.
For your convenience, here is the link to download the official Ministry of Health app for your smartphone:
-Google Play (Android system):
-Apple Stor (IOS system): https://apps.apple.com/it/app/verificac19/id1565800117
An employer who fails to carry out a check, risks a penalty from €400 to €1,000. A worker who enters the workplace without a green pass also risks a penalty from €600 to €1,500 if there is a check by the authorities.
A worker who fails to comply with the obligation and does not have a green pass when entering the workplace is considered absent, but without any disciplinary consequences. He/she will then be absent from work without pay, but will retain the right to keep his/her job.
For non-vaccinated workers, the employer may decide to:
-to have the worker swabbed (every 48 hours). In this case, the employer may choose to contribute to the costs incurred by the employee for this procedure, including through agreements with pharmacies, laboratories, etc.;
-have the employee carry out work in the smart working modality.
It is clear that the final choice of management method is up to the employer, also on the basis of its organisational and financial capacities.
LG Consulting Commercialisti Associati