The green pass decree explained by the government in a nutshell
The Council of Ministers of 16 September approved a decree-law with the extension of the application scope of the COVID-19 green certification (Green pass) and the strengthening of the screening system. All the details explained by the government
GREEN PASS
Urgent measures to ensure the safe performance of public and private work by extending the scope of application of the COVID-19 green certification and strengthening the screening system (decree-law)
The Council of Ministers, on the proposal of the President Mario Draghi, the Minister of Health Roberto Speranza, the Minister for Public Administration Renato Brunetta, the Minister of Labor and Social Policies Andrea Orlando and the Minister of Justice Marta Cartabia, approved a decree -law introducing urgent measures to ensure the safe performance of public and private work by extending the scope of application of the COVID-19 green certification and strengthening the screening system.
The main forecasts are listed below.
Public work
Who it applies to
Public administration personnel are required to be in possession of the Green Certificates.
The obligation also concerns the staff of independent Authorities, Consob, Covip, Bank of Italy, economic public bodies and bodies of constitutional importance. The constraint also applies to holders of elected offices or top institutional positions.
Furthermore, the obligation is extended to subjects, including external ones, who carry out their work or training activities in public administrations for any reason.
Where it applies
Possession and exhibition, upon request, of the Green Certificate are required to access the workplaces of the structures listed above.
The controls and who carries them out
It is the employers who have to check compliance with the requirements. By 15 October they must define the procedures for organizing the checks. Controls will preferably be carried out on access to the workplace and, if necessary, also on a sample basis. The employers also identify the persons in charge of ascertaining and contesting any violations.
The sanctions
The decree provides that the personnel who have the obligation of the Green Pass, if they communicate that they do not have it or are deprived of it at the time of accessing the workplace, are considered unjustified absent until the presentation of the Green Certification; after five days of absence, the employment relationship is suspended. The salary is not due from the first day of absence. There are no disciplinary consequences and the right to retain the employment relationship is maintained.
For those who are caught without Certification in the workplace, a pecuniary sanction from 600 to 1500 euros is envisaged and the disciplinary consequences provided for by the various legal systems remain unaffected.
Constitutional bodies
The Green Pass obligation also applies to individuals holding elective offices and top institutional positions. The constitutional bodies adapt their regulations to the new provisions on the use of Green Certifications.
Private work
Who it applies to
Those who work in the private sector are required to possess and exhibit Green Certificates upon request.
Where it applies
Possession and exhibition, upon request, of the Green Certificate are required to enter the workplace.
The controls and who carries them out
As for public work, even for private work, employers must ensure compliance with the requirements. By 15 October they must define the procedures for organizing the checks. Controls will preferably be carried out on access to the workplace and, if necessary, also on a sample basis. The employers also identify the persons in charge of ascertaining and contesting any violations.
The sanctions
The decree provides that staff are required to have a Green Pass and, if they report that they do not have it or are deprived of it at the time of accessing the workplace, they are considered absent without the right to pay until the Green Certificate is presented. There are no disciplinary consequences and the right to retain the employment relationship is maintained.
There is a pecuniary sanction from 600 to 1500 euros for workers who have had access in violation of the Green Pass obligation.
For companies with fewer than 15 employees, there is a discipline aimed at allowing the employer to temporarily replace the worker without a Green Certificate.
Calmed pads
The decree provides for the obligation for pharmacies to administer rapid antigen tests by applying the prices defined in the memorandum of understanding signed by the extraordinary Commissioner for the implementation and coordination of measures to contain and combat the epidemiological emergency Covid-19, d 'agreement with the Minister of Health. The obligation applies to pharmacies that have the prescribed requirements.
The new rules also provide for free tampons for those who have been exempted from vaccination.
Law courts
Administrative staff and magistrates, in order to access the judicial offices, must possess and exhibit the Green Certifications. In order to allow the full course of the proceedings, the obligation does not extend to lawyers and other defenders, consultants, experts and other auxiliaries of the magistrate unrelated to the administration of justice, witnesses and parties to the trial.
Review of distancing measures
By 30 September, due to the extension of the Green Pass obligation and the progress of the vaccination campaign, the CTS expresses an opinion on the conditions of spacing, capacity and protection in the places where cultural, sporting and social activities take place and recreational. The revaluation will be preparatory to the adoption of subsequent measures.
Support for grassroots sport
The measure intervenes, given the serious crisis that continues to pass through the sports sector due to the pandemic emergency, also in the sports sector. Particularly:
- to support the maternity of non-professional athletes;
- to guarantee the right to exercise sports as an irrepressible form of development of the minor's personality;
- to encourage disabled people to start practicing sports through the use of sports aids.
In addition, the resources may be used to ensure further support for basic sports activities, also through non-repayable loans to be attributed to amateur sports associations and clubs.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/il-decreto-sul-green-pass-spiegato-dal-governo-in-pillole/ on Fri, 17 Sep 2021 04:31:24 +0000.