What measures must the employer take to ensure that the employee has accessed the place of employment despite not having a green pass? What penalties does the worker risk?
The worker, public or private, is considered unjustified absent, without the right to a salary, until the presentation of the green pass; in the case of companies with fewer than 15 employees, after the fifth day of unjustified absence, 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 employer must then make a report to the Prefecture for the purpose of applying the administrative sanction. In fact, the worker who enters the workplace without a green pass is subject, with a provision by the Prefect, to an administrative penalty ranging from 600 to 1,500 euros. Any disciplinary sanctions envisaged by the sector collective agreements are also applied.
In addition to the salary, any other component of the salary, even of a social security nature, having a fixed and continuous nature, accessory or indemnity, foreseen for the working day not performed, will no longer be paid to the worker without a green pass. The days of unjustified absence do not contribute to the accrual of the holidays and involve the loss of the relative length of service
By whom should checks be carried out on the green pass of workers arriving from leasing companies? By the administration company or by the company to which they are posted?
The checks must be carried out by both, both by the administration company and by the company where the worker carries out his work.
Can the protocols and industry guidelines against COVID-19, which provide rules on the sanitation of company offices, on the use of masks and on spacings, be overcome through the use of the green pass?
No, the use of the green pass is a further measure that cannot lead to the belief that the protocols and guidelines of the sector are out of date.
Do customers have to check the green pass of taxi drivers or car rental drivers with driver?
No. Customers are not required to verify the green pass of taxi drivers or NCC drivers.