On 22.9.2021 the Legislative Decree 127/2021 (Official Gazette 21/09/2021, n.226) came into force, introducing the generalized obligation of Green Pass in the workplace from 15 October until 31 December 2021.
The legislation applies to both public administration employees and those of private companies. It will be the responsibility of employers, or of staff delegated by them, to ensure that workers are in possession of a valid Green Pass when entering the workplace.
Self-employed workers who enter the workplace must also show certification upon request.
Employers also have the task of defining, by 15 October next, the “operating procedures for organizing checks”, including on a sample basis. In particular, the persons in charge of ascertaining and contesting any sanctions (the “verifiers”) must be identified by means of a formal document. On an operational level, this task must be entrusted to subjects with adequate powers and abilities, especially in the more structured companies.
The decree-law imposes specific sanctions for violations committed by employers and workers.
The access of workers to the workplace, in violation of the obligation to possess and exhibit the Green Pass, is punished with an administrative fine ranging from € 600 to € 1.500.
Employers, on the other hand, are punished with an administrative sanction from € 400 to € 1.000 (art.4, c. 1, 3, 5 and 9 DL 19/2020 converted into Law 35/2020) when:
- they omit the Green Pass check;
- do not adopt the organizational measures for the verification of the Green Pass by October 15, 2021;
- allow access to workplaces for workers without a Green Pass.
The Antichi Law Firm is available to provide appropriate assistance for the proper fulfillment of the aforementioned regulatory provisions.