Green Passes. From 15 October the obligation will start for all workers

Fedaisf editorial staff

As announced, the Government led by Mario Draghi estende l’obligation of the green pass: from 15 October it will serve all employees of public administrations and the private sector, without which it will not be possible to have access to jobs. The provision was approved with the favorable vote of all the Ministers, including that of the Northern League delegation, despite the continuous distinctions made by Matthew Salvini in recent days.

Stay the no to free tampons for all proposed by the League: they will only be for the frail and those who are exempt from vaccination, but Giancarlo Giorgetti take home controlled prices for rapid antigen tests, even in pharmacies, for workers (they will cost 8 euros for the under 18s and 15 for everyone else, until December 31st when the state of emergency expires). As with school, i workers without a green pass will be suspended after the fifth day of unjustified absence; sanctions ranging from 600 to 1500 euros are foreseen for workers and from 400 to 1000 euros for employers, who will have to enforce the provisions.

In any case, no one will be able to lose their job as the Minister of Labor has clarified Andrew Orlando. L’obbligo sarà valido anche per tutti gli elected bodies, mentre si applica l’autodichiarazione per quel che riguarda gli organi costituzionali: nel decreto s’invitano Quirinal, Room, Senate And Constitutional Court to adjust their regulations.

During the meeting of the control room and in the CDM there was tension between Dario Franceschini And Robert Hope sulla possibilità di aumentare la capienza massima di cinema, teatri e palazzetti sportivi. Alla richiesta il titolare della Salute ha chiarito che bisognerà aspettare “qualche settimana e vedere come il Paese regge all’apertura della scuola”.

The Premier Mario Draghi condivide e alla fine nel decreto si mette nero su bianco la disponibilità del Governo a riesaminare le misure di distanziamento e valutare l’aumento della capienza e l’apertura delle discoteche, come chiesto da Giorgetti dopo il opinion of the Cts which will be expressed by 30 September. It will have to be addressed in precise guidelines entrusted to Renato Brunetta And Andrew Orlando, e poi controfirmate da Draghi, la disciplina dell’obbligo del green pass per chi è in smartworking. Finally, as requested by the League and the Regions, the validity of the molecular buffers:

Roberto Speranza explained that "The Government has already given a favorable opinion to an amendment to the provision under examination in the Chamber which provides for 72 hours of validity of green passes with molecular tests, for antigen tests it remains 48 hours". Be that as it may, to date around 40 million Italians have completed the two-dose vaccination cycle. The Minister of Health, Robert Hope, confida che “entro fine settembre avremo vaccinato l’80% della popolazione vaccinabile, esclusi quindi gli under 12. Attualmente siamo al 74,92%”.

From Parliamentary Day on 17 September 2021

Private work

Those working in the private sector are required to possess and exhibit, upon request, the Green Certificates. The possession and presentation, upon request, of the Green Certificate, are required to access the workplace. Like public work, even for private work it is the employers who have to safeguard compliance with the prescriptions.

By 15 October they must define the methods for organizing the checks. The checks will preferably be carried out on access to workplaces and, if necessary, also on a random basis. Furthermore, the employers identify the subjects in charge of ascertaining and contesting possible violations.

The new regulations establish that personnel required to obtain the Green Pass, if they communicate that they do not have it or are without it upon accessing the workplace, will be considered absent without the right to pay until presentation of the same. There are no disciplinary consequences and, at the same time, the right to maintain the employment relationship is maintained. A fine of between 600 and 1,500 euros is envisaged for workers who have accessed in contravention of the Green Pass obligation. For companies with fewer than 15 employees, there is provision for a discipline intended to allow the employer to temporarily replace the worker without a Green Certificate.

Press release of the Council of Ministers n. 36

The Decree Law

Council of State ordinance. The Green pass is legitimate: It does not violate privacy

 

Decree-law

 

ART.1

(Urgent provisions on the use of green certifications in the public sector)

  1. Al decreto-legge 22 aprile 2021, n. 52, convertito, con modificazioni, dalla legge 17 giugno 2021, n. 87, dopo l’articolo 9-quater the following is inserted:

“Art. 9-quinquies

(Use of COVID-19 green certificates in the public sector)

  1. Dal 15 ottobre 2021 e fino al 31 dicembre 2021, termine di cessazione dello stato di emergenza, al fine di prevenire la diffusione dell’infezione da SARS-CoV-2, al personale delle amministrazioni pubbliche di cui all’articolo 1, comma 2, del decreto legislativo 30 marzo 2001, n. 165, al personale di cui all’articolo 3 del predetto decreto legislativo, al personale delle Autorità amministrative indipendenti, ivi comprese la Commissione nazionale per la società e la borsa e la Commissione di vigilanza sui fondi pensione, della Banca d’Italia, nonché degli enti pubblici economici e degli organi di rilievo costituzionale, ai fini dell’accesso nei luoghi in cui il predetto personale svolge l’attività lavorativa, è fatto obbligo di possedere e di esibire, su richiesta, la certificazione verde COVID-19 di cui all’articolo 9, comma 2. Resta fermo quanto previsto dagli articoli 9-ter, 9-ter.1 e 9-ter.2 del presente decreto e dagli articoli 4 e 4-bis del decreto-legge 1° aprile 2021, n. 44, convertito, con modificazioni, dalla legge 28 maggio 2021, n. 76.
  2. The provision referred to in paragraph 1 also applies to all subjects who carry out, for any reason, their work or training or voluntary activity in the administrations referred to in paragraph 1, also on the basis of external contracts.
  3. The provisions referred to in paragraph 1 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.
  4. The employers of the personnel referred to in paragraph 1 are required to verify compliance with the provisions referred to in paragraphs 1 and 2. For the workers referred to in paragraph 2, the verification of compliance with the provisions referred to in paragraph 1, as well as by subjects referred to in the first period, is also carried out by the respective employers.
  5. The employers referred to in paragraph 4, first sentence, shall define, by 15 October 2021, the operating procedures for organizing the checks referred to in paragraph 4, also on a sample basis, providing as a priority, where possible, that these checks are carried out at the time of access to the workplace and identify with a formal document the subjects in charge of ascertaining and contesting the violations of the obligations referred to in paragraphs 1 and 2. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. The President of the Council of Ministers, on the proposal of the Ministers for public administration and health, can adopt guidelines for the homogeneous definition of the organizational methods of referred to in the first period. For the regions and local authorities, the guidelines, where adopted, are defined in agreement with the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281.
  6. The personnel referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of access to the workplace, are considered unjustified absences and, starting from fifth day of absence, the employment relationship is suspended until the presentation of the aforementioned certification and, in any case no later than 31 December 2021, and, in any case, without disciplinary consequences and with the right to maintain the employment relationship. In the cases of unjustified absence and suspension referred to in the first sentence, no remuneration or other compensation or emolument, however denominated, is due. The suspension referred to in the first period is ordered by the employer or by the subject delegated by him.
  7. The access of personnel to the workplace referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 8 and the disciplinary consequences remain unchanged according to the respective regulations.
  8. In caso di violazione delle disposizioni di cui al comma 4, di mancata adozione delle misure organizzative di cui al comma 5 nel termine previsto, nonché per la violazione di cui al comma 7, si applica l’article 4, paragraphs 1, 3, 5 and 9, of decree-law 25 March 2020, n. 19, converted, with modifications, from law 22 May 2020, n. 35. Resta fermo quanto previsto dall’article 2, paragraph 2-bis, of the decree-law 16 May 2020, n. 33, converted, with modifications, from law 14 July 2020, n. 74. For the violations referred to in paragraph 7, the administrative sanction provided for in paragraph 1 of the aforementioned article 4 of the decree-law n. 19 of 2020 is established in euros from 600 to 1,500.
  1. The sanctions referred to in paragraph 8 are imposed by the Prefect. The subjects in charge of ascertaining and contesting the violations referred to in the same paragraph 8 send the documents relating to the violation to the Prefect.

 

  1. Gli organi costituzionali, ciascuno nell’ambito della propria autonomia, adeguano il proprio ordinamento alle disposizioni di cui al presente articolo.
  2. The provisions referred to in paragraphs 1, 3, 4, 5 and 8 apply to subjects who hold elective offices or top institutional offices.
  3. The administrations referred to in paragraph 1, provide for the activities referred to in this article with the human, financial and instrumental resources available under current legislation and without new or greater burdens on public finance.".

ART.2

(Use of green certifications in judicial offices)

  1. Al decreto-legge 22 aprile 2021, n. 52, convertito, con modificazioni, dalla legge 17 giugno 2021, n. 87, dopo l’articolo 9-quinquies, as introduced by Article 1, the following is inserted:

“Art. 9-sexies

(Use of green certifications in judicial offices)

  1. Dal 15 ottobre 2021 e fino al 31 dicembre 2021, termine di cessazione dello stato di emergenza, al fine di tutelare la salute pubblica e mantenere adeguate condizioni di sicurezza, i magistrati ordinari, amministrativi, contabili e militari, gli avvocati e procuratori dello Stato, i componenti delle commissioni tributarie non possono accedere agli uffici giudiziari se non possiedono e, su richiesta, non esibiscono la certificazione verde COVID-19 di cui all’articolo 9, comma 2.
  2. The absence from office resulting from the lack or failure to produce the certification by the subjects referred to in paragraph 1 is considered unjustified absence, relevant for the purposes referred to in article 127, first paragraph, letter c), of the consolidated act referred to in the decree of the President of the Republic 10 January 1957, n. 3.
  3. The access of the subjects referred to in paragraph 1 to judicial offices in violation of the provision referred to in the same paragraph 1 constitutes a disciplinary offense and is sanctioned for ordinary magistrates pursuant to article 12, paragraph 1, of the legislative decree of 23 February 2006, no. 109, and for other subjects according to their respective systems of origin. The report verifying the violation is sent without delay to the holder of the disciplinary action.
  4. The provisions referred to in paragraphs 1 and 2 also apply to the honorary magistrate. The access of the honorary magistrate to the structures in which the judicial activity is carried out in violation of the provision referred to in paragraph 1 entails the suspension of the honorary office until the honorary magistrate exhibits the certification referred to in paragraph 1. The suspension it is ordered by the Superior Council of the Judiciary, to which the report of the violation is sent without delay. The continuation of the absence as a result of the lack or failure to produce the certification referred to in paragraph 1 beyond the term of thirty days entails the revocation from the office pursuant to article 21 of the legislative decree 13 July 2017, n. 116.
  5. The internal security managers of the structures in which the judicial activity takes place are required to verify compliance with the provisions referred to in paragraph 1, also making use of delegates. The checks of the COVID-19 green certifications are carried out in the manner referred to in paragraph 5 of article 9-quinquies. Further methods of verification can be established with a circular from the Ministry of Justice.
  6. Without prejudice to the provisions of paragraphs 3 and 4, access to judicial offices in violation of the provision referred to in paragraph 1 and the violation of the provisions referred to in paragraph 5 are sanctioned pursuant to paragraph 8 of article 9-quinquies.
  7. The provisions referred to in paragraphs 2, 3, 4, 9 and 12 of article 9-quinquies.
  8. The provisions of this article do not apply 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.".

ART. 3

(Urgent provisions on the use of green certifications in the private sector)

  1. Al decreto-legge 22 aprile 2021, n. 52, convertito, con modificazioni, dalla legge 17 giugno 2021, n. 87, dopo l’articolo 9-sexy, as introduced by Article 2, the following is inserted:

“Art. 9-f

 (Use of COVID-19 green certificates in the private sector)

  1. Dal 15 ottobre 2021 e fino al 31 dicembre 2021, termine di cessazione dello stato di emergenza, al fine di prevenire la diffusione dell’infezione da SARS-CoV-2, a chiunque svolge una attività lavorativa nel settore privato è fatto obbligo, ai fini dell’accesso nei luoghi in cui la predetta attività è svolta, di possedere e di esibire su richiesta la certificazione verde COVID-19 di cui all’articolo 9, comma 2. Resta fermo quanto previsto dagli articoli 9-ter, 9-ter.1, e 9-ter.2 del presente decreto e dagli articoli 4 e 4-bis del decreto-legge 1° aprile 2021, n. 44, convertito, con modificazioni, dalla legge 28 maggio 2021, n. 76.
  2. The provision referred to in paragraph 1 also applies to all subjects who carry out, for whatever reason, their work or training or volunteering activity in the places referred to in paragraph 1, also on the basis of external contracts.
  3. The provisions referred to in paragraph 1 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.
  4. The employers referred to in paragraph 1 are required to verify compliance with the provisions referred to in paragraphs 1 and 2. For the workers referred to in paragraph 2, the verification of compliance with the provisions referred to in paragraph 1, as well as by the subjects of referred to in the first period, is also carried out by the respective employers.
  5. The employers referred to in paragraph 1, define, by 15 October 2021, the operating procedures for organizing the checks referred to in paragraph 4, also on a sample basis, providing as a priority, where possible, that these checks are carried out at the time of access to workplaces and formally identify the subjects in charge of ascertaining violations of the obligations referred to in paragraphs 1 and 2. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the Prime Minister's decree of ministers adopted pursuant to article 9, paragraph 10.
  6. The workers referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of accessing the workplace, are suspended from working, in order to protect the health and safety of workers in the workplace, and, in any case, without disciplinary consequences and with the right to maintain the employment relationship. No remuneration or other payment or emolument, however denominated, is due for the period of suspension.
  7. The suspension referred to in paragraph 6 is immediately communicated to the worker concerned and is effective until the presentation of the green COVID-19 certification and, in any case, no later than 31 December 2021, the deadline for cessation of the state of emergency. For companies with fewer than fifteen employees, after the fifth day of failure to present the aforementioned certification, 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, and no later than the aforementioned deadline of 31 December 2021.
  8. The access of workers to the workplace referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 9 and the disciplinary consequences remain unchanged according to the respective sector regulations.
  9. In caso di violazione delle disposizioni di cui al comma 4 o di mancata adozione delle misure organizzative di cui al comma 5 nel termine previsto, nonché per la violazione di cui al comma 8, si applica l’article 4, paragraphs 1, 3, 5 and 9, of decree-law 25 March 2020, n. 19, converted, with modifications, from law 22 May 2020, n. 35. Resta fermo quanto previsto dall’article 2, paragraph 2-bis, of the decree-law of 16 May 2020, n. 33, converted, with modifications, from law 14 July 2020, n. 74. For the violations referred to in paragraph 8, the administrative sanction provided for in paragraph 1 of the aforementioned article 4 of the decree-law n. 19 of 2020 is established in euros from 600 to 1,500.
  10. The sanctions referred to in paragraph 9 are imposed by the Prefect. The persons in charge of ascertaining and contesting the violations referred to in the same paragraph 9 shall send the documents relating to the violation to the Prefect.".

ART. 4

(Urgent measures for the administration of rapid antigen tests)

  1. In article 5 of the decree-law 23 July 2021, n. 105, the following changes have been made:
  2. a) in paragraph 1, first sentence, the words "until 30 November 2021" are replaced by the following: "until 31 December 2021";
  3. b) after paragraph 1, the following is inserted:

“1-BIS. The pharmacies referred to in article 1, paragraphs 418 and 419, of the law of 30 December 2020, n. 178, are also required to ensure, until 31 December 2021, the administration of rapid antigen tests for the detection of SARS-CoV-2 antigen, referred to in article 9, paragraph 1, letter d), of the decree-law of 22 April 2021, n. 52, according to the methods and prices provided for in the memorandum of understanding referred to in paragraph 1. In the event of non-compliance with the provision referred to in the first period, the administrative sanction of payment of a sum from 1,000 to 10,000 euros is applied and the Prefect territorially competent, taking into account the needs of the continuity of the pharmaceutical assistance service, may order the closure of the activity for a period not exceeding five days."

  1. In article 34, paragraph 9-quater, of the decree-law of 25 May 2021, n. 73, converted, with amendments, by law 23 July 2021, n. 106, is replaced by the following:

“9-quater. Nel limite di spesa autorizzato ai sensi del presente comma che costituisce tetto massimo di spesa, al fine di assicurare l’esecuzione gratuita dei test molecolari e antigenici rapidi, per i cittadini con disabilità o in condizione di fragilità che non possono effettuare la vaccinazione anti SARS-CoV-2 a causa di patologie ostative certificate, nonché per i soggetti esenti dalla campagna vaccinale sulla base di idonea certificazione medica rilasciata secondo i criteri definiti con Circolare del Ministro della salute, è istituito nello stato di previsione del Ministero della salute un Fondo per la gratuità dei tamponi, con una dotazione di (…) milioni di euro per l’anno 2021

ART. 5

(Duration of COVID green certifications)

  1. In article 9 of the decree-law of 22 April 2021, n. 52, converted, with amendments, by law 17 June 2021, n. 87, the following changes were made:
  2. a) in paragraph 1, letter b), after the words "from SARS-CoV-2" the following are inserted: "and the vaccinations administered by the competent national health authorities recognized as equivalent with the Circular of the Ministry of Health,";
  3. b) in paragraph 2, after letter c) the following is inserted:

“c-BIS) healing occurred after the administration of the first dose of vaccine or at the end of the prescribed cycle.";

  1. c) in paragraph 3, in the third sentence, the words "from the fifteenth day following the administration" are replaced by the following: "from the same administration";
  2. d) the following is inserted after paragraph 4:

“4-BIS. Those who have been identified as confirmed positive cases of SARS-CoV-2 over the fourteenth day from the administration of the first dose of vaccine as well as following the prescribed cycle are also issued the green COVID-19 certification referred to in letter c- bis) and is valid for twelve months from the date of recovery.".

ART. 6

(Urgent measures for sport)

  1. The sums transferred to Sport e Salute spa for the payment of allowances for sports collaborators related to the COVID-19 emergency pursuant to Article 44 of the decree-law of 25 May 2021, n. 73, not used by 15 September 2021, are repaid, by way of derogation from the provisions of paragraph 13 of the aforementioned article 44, by 15 October 2021 at the entrance of the State budget to be reassigned for fifty per cent to the «Single Fund in support of the strengthening of the Italian sports movement" referred to in article 1, paragraph 369, of the law of 27 December 2017, n. 205 and for the remaining fifty percent to the "Fund for the relaunch of the national sports system" referred to in article 217 of the decree-law of 19 May 2020, n. 34.

ART.7

(Green pass contact center)

  1. In article 1, paragraph 621-bis of the law of 30 December 2020, n. 178, the following changes were made:
  2. the words "The competent structure for technological innovation and digitization of the Presidency of the Council of Ministers" are replaced by the following: "The Ministry of Health";
  3. after the words “from the law of 17 June 2021, n. 87", the following are added: ", as a supplementary service to that of contact center reso in potenziamento del Servizio 1500 – numero di pubblica utilità, di cui all’articolo 1 dell’ordinanza del Capo del Dipartimento della protezione civile dell’8 marzo 2020, n. 645, anche ai fini dell’eventuale integrazione dei rapporti negoziali in essere”;
  4. c) in the second sentence, the words "1 million" are replaced by the following: "4 million"
  5. The expenses deriving from paragraph 1, equal to 3 million euros for the year 2021, are covered by means of XXXX. The Ministry of Economy and Finance is authorized to make the necessary budget changes.

ART.8

(Provisions for carrying out cultural, sporting, social and recreational activities)

  1. Entro il 30 settembre 2021, il Comitato tecnico scientifico di cui all’ordinanza del Capo del Dipartimento della protezione civile 3 febbraio 2020, n. 630, e successive modificazioni, in vista dell’adozione di successivi provvedimenti normativi e tenuto conto dell’andamento dell’epidemia, dell’estensione dell’obbligo del certificato COVID e dell’evoluzione della campagna vaccinale, esprime parere sulle misure di distanziamento, capienza e protezione nei luoghi nei quali si svolgono attività culturali, sportive, sociali e ricreative

ART.9

(Entry into force)

  1. This decree enters into force on the day following that of its publication in the Official Gazette of the Italian Republic and will be presented to the Chambers for conversion into law.

 

This decree, bearing the seal of the State, will be included in the Collection of regulatory acts of the Italian Republic. It is mandatory for anyone responsible to observe it and to have it observed.

 

 

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