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Green pass: whoever is without cannot be fired. Here are the measurements

2021-09-16T17:18:13.688Z


The draft that ANSA was able to view is made up of 8 articles (ANSA) From 15 October to 31 December 2021, the expiry date of the state of emergency, the Green pass will be mandatory for access to all public and private workplaces, even for workers outside the administration or the company. This is foreseen by the draft decree law on the "super" Green pass, which is still subject to changes in the Council of Ministers. The draft that ANSA was able to view is made u


From 15 October to 31 December 2021, the expiry date of the state of emergency, the Green pass will be mandatory for access to all public and private workplaces, even for workers outside the administration or the company.

This is foreseen by the draft decree law on the "super" Green pass, which is still subject to changes in the Council of Ministers.

The draft that ANSA was able to view is made up of 8 articles, with some rules still incomplete, and governs the obligation to enter the workplace, for all employees and also for those who access those places to carry out the his "work and training activity".

Green immediately passed to the healed after the first dose

Those recovered from Covid will no longer have to wait 15 days from the first dose of anticovid vaccine to get the green pass but will get it immediately after the first administration.

This is what is foreseen in the draft of the decree which extends certification to the workplace.

In fact, article 4 paragraph 3 modifies the current legislation by replacing the passage in which it was stated that the certification was valid "from the fifteenth day following the administration" with the words "from the same administration".

Whoever is without cannot be fired

Anyone who does not have the Green pass will still have the "right to retain the employment relationship".

This is specified by the rules of the draft law for the "super" Green pass, subject to changes in the CDM.

The draft provides for penalties, including suspension and stopping wages, for those who go to work without a Green pass for five consecutive days.

But in any case it will not be possible to dismiss the worker. 

Obligation for elected representatives and heads of institutions

The obligation of a Green pass for access to the workplace also applies to "subjects holding elective positions or top institutional positions".

The draft of the Green pass thus extends the obligation - and related sanctions - to regional mayors and presidents, as well as to councilors.

On the constitutional bodies, such as the Chambers, however, the government cannot intervene since they have self-determination, decision-making autonomy, therefore a law provides: "The constitutional bodies, each within the scope of their own autonomy, adapt their own system".

The deadline of October 15 to adapt, which was in the first drafts, disappears. 

Magistrates in court only with the pass, excluding lawyers 

 The obligation to exhibit the green pass will also apply to magistrates, including honorary ones, lawyers and state prosecutors and members of tax commissions who must access the judicial offices from 15 October.

This is foreseen by the draft of the decree approved by the CDM in which it is stated that the provisions do not apply to "lawyers and other defenders, consultants, experts and other assistants of the magistrate unrelated to the administrations of justice, witnesses and parties to the trial".

Access without the pass, the decree still says, represents a "disciplinary offense" and as such will be sanctioned

Obligation also applies to self-employed and carers

The obligation of a Green pass for entry into the workplace is valid for all private workers, therefore self-employed and family collaborators are included. This is what government sources, consulted on this matter, explain. The obligation will therefore apply, for example, to the plumber or electrician who carries out his work in the public and private sectors, but also to home helps and carers. In fact, the law states that "anyone who works in the private sector is obliged, for the purposes of accessing the places where the aforementioned activity is carried out, to possess and exhibit green certification upon request".

Source: ansa

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