The Legislative Decree 127/2021 extends the application of the green certification to the private companies.

When

From 15 October 2021 and until 31 December 2021 (current deadline for the end of the state of emergency).

Who

Anyone who works in the private sector, in any capacity, including on the basis of external contracts.

Exception

Subjects exempt from the vaccination campaign on the basis of suitable medical certification.

Object

Obligation, for the access to the workplace, to possess and exhibit, upon request, the green certification.

Employers

They are required to verify the green certification.

They must define, by October 15, 2021, the operating procedures for organizing the controls.

Consequences

If workers communicate that they are not in possession of the green certification when entering the workplace, they are considered unjustified absent until the aforementioned certification is presented.

No disciplinary consequences.

Right to keep the employment relationship.

For the days of unjustified absence, no salary or other remuneration or emolument, however called, is due.

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 20 days.

Employees sanctions

From 600 to 1,500 Euros.

Without prejudice to the disciplinary consequences according to the respective sector regulations.

Employers sanctions

From 400 to 1000 euros, doubled in case of reiteration of the violation.

Without prejudice to any criminal consequences.