New legal provisions for access to workplaces

by Renato Uggeri

As we all know by now, Decree no. 127 dated September 21st, 2021 states that starting from October 15th and for at least the period up to the end of the state of emergency (end of the year), in order to prevent the spread of the Sars-CoV-2 infection, all those who enter a public or private workplace are required to have a Green Certificate (Green Pass). The certificate, which must be shown at the entrance to the workplace, is checked through the Ministry’s special App (VerificaC19), which is used exclusively to read the QRCode.

The obligation to wear a mask and maintain a distance of at least 1 metre in indoor places remains, while, as a precautionary, albeit optional, measure, temperature may be checked at the entrance. This control is purely an ‘access’ control and does not fulfil the legal obligations reserved for individual employers, for which each company must get organised independently in accordance with the law.

Remembering that the Green Pass obligation does not coincide with compulsory vaccination (at the moment only workers in the health sector and employees of nursing homes are required to vaccinate), employers are the ones responsible for checking the possession and validity of the pass.

It should be noted that those who do not have a Green Pass cannot enter the workplace or are removed from it and are considered to be absent without leave. From the first day of unjustified absence, in both the public and private sectors, employment is suspended and no pay is due. Sanctions for those who enter without a Green Pass range from 600 to 1,500 euro, and for employers who fail to check they range from 400 to 1,000 euro.