By Andrea Russo – Employment Law Area
Below is a summary of the provisions of the recently approved Decree No. 127/2021, indicating the tasks which employers are required to comply with.
According to the Decree:
✅ From the 15th of October 2021, access to the workplace will be granted only to employees holding the EU Digital COVID Certificate (so called “green pass”);
✅ The employer is compelled to assess whether the employee holds a green pass;
✅ If the employee reports that he does not hold a green pass and/or if he does not show it, the same must be forbid to enter the workplace and is considered unjustified absent: the employee will not receive any remuneration but he cannot be dismissed or otherwise sanctioned;
✅ For companies with less than 15 employees, after the fifth day of unjustified absence due to lack of a green pass, the employer can replace the absent employee with another individual hired on a temporary basis by an employment contract lasting 10 days, renewable for another 10 days; it is understood that if the employee does not show the green pass after these terms (5+10+eventual other 10), the same remains unjustified absent: this provision applies until 31.12.2021;
✅ Before the 15th of October 2021, the employer must establish the “operating procedures for organizing audits,” identifying “by formal act” who is entitled to perform such audits;
✅ The employee who enters the workplace without a green pass is subject to an administrative sanction of up to 1,500 euros and is also subject to disciplinary action;
✅ As of the 15th of October 2021, the employer must inform the competent Prefecture of any violations committed by employees;
✅ Also from the 15th of October 2021, the employer must start a disciplinary proceeding if an employee enters the workplace without a green pass;
✅ The employer who does not carry out the checks or who does not adopt the operating procedures for the audits or who does not designate the person required to carry out the audits is also subject to an administrative penalty.
We have created a dedicated team within our Employment Law Department and we have developed a package of services specifically designed to support companies in the following activities aimed at the timely and proper fulfilment of the new obligations:
- analysis of the organization of the company and, as a result, definition of the “operating procedures management of the audits” and preparation of the internal procedure that describes and identifies the contents and methods of the audits to be carried out;
- preparation of the formal act of appointment of the person who will have to carry out the audits, also assessing his suitability in terms of duties and contractual classification;
- personalized assistance in the resolution of specific conflicts (i.e. any warnings from the employees, any requests for agile work, etc.);
- assistance to the company in the preparation of any reports to be sent to the competent Prefecture;
- assistance to the company in taking disciplinary action against employees who violate the green pass regulations.