Green Pass per ISF. Chi deve controllare | Fedaiisf Federazione delle Associazioni Italiane degli Informatori Scientifici del Farmaco e del Parafarmaco

Green pass for workers with "external contracts": who must carry out (and how) the checks

Dal 15 ottobre 2021 (e fino al 31 dicembre 2021) scatta l’obbligo di possesso e di esibizione su richiesta del

Green Pass to access the company and carry out the work activity. The obligation concerns employees and other subjects who carry out, in any capacity, their work or training or voluntary activity, also on the basis of external contracts. In the latter case, the law provides for a sort of double check on the workers. It is a provision that risks creating an increase in burdens, moreover incomprehensible in some particular cases: which ones?

Paragraph 4 of the art. 3 of Legislative Decree no. 127/2021 obliges private employers to verify compliance with the possession and display of the Green Passes of all its workers but also of all the so-called autonomous who carry out activities in their workplaces: this burden must also be fulfilled for those who enter to carry out training activity (scholarships, internships, etc.) or of Volunteering.

What is meant by "external contracts"

It is mentioned in the last part of paragraph 4 which provides for a sort of double check on the workers who carry out their activity on the basis of "external contracts".

It is a provision that risks creating a increased burden, moreover incomprehensible, in some particular cases which, however, are quite frequent in our world of work.

Traveling workers

This is the case for workers on the move (apart from the distinction between travel and business travel) who work all week, perhaps at client companies (for maintenance contracts) and who never leave, or rarely leave, from their company headquarters.

Here, in my opinion, The double checking is not possible: only that of the employer receiving the service remains who, in the case of an employee without a "green pass", must refuse the service and immediately notify his employer for the immediate measures that the law requires.

A completely analogous discourse, for example, arises for the scientific representatives of pharmaceutical companies.