Green Pass: no salary for workers, but no sanctions

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The salary block remains, but there is no suspension. The President of the Republic Mattarella signed the decree that obliges public and private employees to have the Green Pass. It is a different text from the one presented in recent days. The rule that provided for the suspension of workers without green certification was canceled.

There remains the unjustified absence that leads to the loss of salary. In the final text, however, there is no such passage: “starting from the fifth day of absence, the employment relationship is suspended until the certification is presented”.

Workers are considered unjustified absent until the presentation of the Green Pass. They have no disciplinary consequences and have the right to keep their jobs. For the days of unjustified absence, no remuneration “or other remuneration or emolument, however named” is due.

The obligation starts from October 15th and is valid until December 31st 2021, when the state of emergency expires. The checks are the responsibility of the employer. For the public administration, checks should be carried out in the same way as for schools with an online platform. For individuals there is an app already used in cinemas, restaurants and gyms. Controls should be made at the entrance of the activities, but they can also be carried out on a random basis inside the offices.

the businesses with less than fifteen employees, after the fifth day of unjustified absence, they have a derogation. 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, renewable for one time only.

The Green Pass it is obtained with vaccination and is valid for 12 months. It has a value of six months after recovery which becomes 12 after the first dose of the vaccine for those who have been ill. If it is obtained with a negative buffer, the duration is limited: the molecular one is valid for 72 hours and the antigenic one 48.

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