Vaccinal obligation over 50 and sanctions in Italy
Recall that the vaccination obligation is extended, starting from 8 January 2022 and until 15 June 2022, to all Italian citizens and to all citizens of other Member States of the European Union residing in Italy, who have turned 50 aged 50 years old by 15 June 2022).
The obligation of vaccination does not exist in the event of ascertained danger to health, in relation to specific documented clinical conditions or by immunization following natural illness, proven by the notification carried out by the attending physician. In such cases vaccination can be omitted or deferred.
Failure to comply with the vaccination obligation exhibits, starting from 1 February 2022, to a penalty of 100 euros imposed by the Ministry of Health through the Revenue Agency.
How the Green Pass is reinforced
The green Covid-19 certification strengthened, pursuant to art. 9 paragraph 2 lett. a), b) and C-bis) of D.L. n. 52/2021 is released following:
- the anti-SARS-COV-2 vaccination took place, at the end of the primary vaccination cycle or following the administration of the relative recall dose;
- taken healing from Covid-19, with simultaneous termination of the insulation prescribed following infection from SARS-COV-2, placed in compliance with the criteria established with the circulars of the Ministry of Health;
- occurred from Covid-19 after the administration of the first dose of vaccine or at the end of the primary vaccinal cycle or following the administration of the relative recall dose.r
Workers who must possess and exhibit the Green Pass reinforced
The obligation to possess the Green Pass reinforced by the subjects (over 50) subjected to the obligation of vaccination, concerns all workers (whether they are subordinate or autonomous workers but also subjects who carry out training or volunteering) which, to any Title, access the workplace to carry out a work performance.
As already for the Green Pass Base, the obligation to possession of the Green Pass reinforced is extended, for example, even to workers (over 50 and subject to the vaccination obligation) employees of the contractor who access the workplace to carry out the service Expected by the contract contract or to the workers administered whose control of the Green Pass reinforced is remitted, as for the green password, to the user subject, without prejudice to the charge for the administrator to inform workers about the existence of the obligation.r
What the employer must do
Private employers must verify the possession of the Green Pass reinforced by over 50 workers kept to the vaccination obligation, which access the workplace. The checks must be carried out according to the procedures provided for by law (App verifies C-19 and the other verification capabilities provided for by law).
The law n. 165/2021 (conversion of D. Failure to carry out checks for the employer an administrative penalty from 400 to 1,000 euros.
All control and verification activities already foreseen for UNDER 50 people access to work remain obviously. No control will have, and can, to be carried out by activities did not render in a workplace (smart working, home work, telework), obviously if the worker was called to carry out performance in corporate premises instead activated the obligation to verify.
Workers without Green Pass reinforced
In case the workers subject to the vaccination obligation communication not to be in possession of the green certification covid-19 reinforced or found themselves without access at the time of access in the workplace, they will be considered unjustified absolutely unjustified with disciplinary consequences and with the right to conservation of the Workplace, up to the presentation of the Green Pass reinforced, and in any case no later than 15 June 2022.
For the days of unjustified absence there is no remuneration or other compensation or emolument. Workers over 50 free of Green Pass enhanced because not subject to the vaccination obligation or whose obligation is deferred for medical-healthy reasons, can also be used as denses, or in agile mode, without the replacement of remuneration, in order to avoid The risk of contagion.
Replacement of the worker without Green Pass strengthened
Until June 15, 2022, private employers (regardless of the company size) after 5 days of unjustified absence, can suspend workers over 50 without green-pass enhanced (without disciplinary consequences and with the right to conservation of work potory) for all The duration of the work contract stipulated for the replacement, however for a period not exceeding ten working days, renewable until the aforementioned deadline of 15 June 2022.
Sanctions
The violation of the Green Pass obligation to access the workplaces is punished with an administrative sanction imposed by the prefect from € 600 to € 1,500 as well as subject to possible disciplinary sanctions by the employer.
https://www.ipsoa.it/documents/lavo...vaccinale-over-50-via-controlli-datori-lavoro
