15. Do workers of foreign companies who, for reasons of service, have to access the headquarters of Italian companies or public administrations, have to prove possession of the green pass? In the case of foreign hauliers, if those who have to load / unload goods do not have a green pass, can they use their own staff to carry out these operations?
The possession of the green pass is also required for foreign workers when they have to carry out their work in Italian companies or public administrations.
It is possible to use the staff of the Italian company for loading / unloading operations
16. Are the temporary contracts envisaged for companies up to 15 employees, which have to hire workers to replace those without a green pass, subject to the general rules for fixed-term contracts (therefore also those on contributions)?
Employment contracts stipulated to replace workers without a green pass are subject to the general discipline of the fixed-term contract and in particular to the provisions of Articles 19 ff. of the legislative decree of 15 June 2015, n. 81, and subsequent amendments and additions.
17. If for five days the carer does not provide a valid green pass, can the employer replace it for 10 days, renewable once? If so, does the caregiver to be replaced live with the employer (or with a family member who benefits from the work), must she leave the accommodation to the substitute?
If the caregiver does not have the green pass, she will not be able to access the workplace. The prevailing right of the assisted person to be able to benefit from the necessary assistance without interruption by resorting to another suitable worker remains unaffected. If the caregiver lives with the employer, she will therefore have to leave the accommodation.
18. The national collective agreement provides, for cohabiting carers, that the employer also provides them with board and lodging or, alternatively, a substitute allowance. In case of suspension due to lack of green pass, are the board and lodging components also suspended? Will the caregiver then have to leave the accommodation in which she usually lives?
The board and lodging are services in kind having a remunerative nature so that, in the light of the legal discipline and the correspondence of the domestic work relationship, the non-attribution of the same is corrected by virtue of the non-execution of the work consideration.
19. If the live-in carer, despite having a green pass, is positive, where should the quarantine be carried out?
The current legislation provides for the absolute prohibition of leaving their home or residence for people subjected to the measure of quarantine. If the caregiver is cohabiting, she will clearly not be able to leave the house in which she lives.