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Green pass work, when is the suspension illegal for those without?

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Compulsory green pass for work, both in the public and private sectors, from 15 October 2021. But before that date, was it possible to leave a worker without green certification at home? The legal information site gives an answer to the question The Law for Allwhich cites a recent ruling by the Court of Florence on the subject.

“In order to sanction the worker, the judge now explains, specific measures were needed, in the absence of which the suspension was unlawful. This means that the employee who remained without salary at the time has the right to reimbursement of the monthly payments not received”, explain the experts, who recall the current regulations in force.

“Public and private employees have the obligation from 15 October 2021 to show the Green pass at the entrance to their workplace in order to access it and carry out their business. In the public sector – it says -, for those who do not exhibit the green certification the unjustified absence and the suspension of salary start immediately, without losing his job, until he acquires a Green Pass. This includes maintenance workers, canteens and bars inside public offices, suppliers, couriers , lenders and attendants of training courses. Even in the private sector triggers the unjustified absence with the suspension of the salary. However, you will have the right to keep your job until you get the Green pass. Companies with less than 15 employees they can replace those without one for a maximum of 10 days. The obligation also applies to those who work in shops or bars. Verification is entrusted to the employer or his representative. many delegated in writing and is carried out at the entrance, on a carpet, randomly or by rotation, as long as it involves at least 20% of employees every day “, they underline.

But when does the right to compensation exist? “The Tuscan court – La Legge per Tutti explains – ruled on the case of a swimming instructor who in August 2021 was suspended from work and pay because she did not have a Green pass. It must be said, however, that at that time the law provided for the obligation of certification only for those who frequented swimming pools and gyms but not for those who worked there. However, the employer required employees to show the Green pass to access the facilities and to carry out their activities. : the instructor had been left at home without a salary “.

The question put to the judge, the legal information site underlines, “was all too obvious: can this sanction be reached without a legal obligation? And the answer was equally obvious: no. For the court, in the period in which the possession of the anti-Covid certificate was not necessary to access the workplace, the suspension was justified only in two cases: when there is an administrative measure that had required a vaccine or a negative swab (provided that the was not cured of the coronavirus) or when there was a specific prescription from the coronavirus. In the absence of either of these two acts, the employer could not suspend employees from their activity and, of course, not even from their salary. Not before of 15 October, when the Green pass became mandatory for workers “.

“The fact is – reads the sentence cited by the experts – that the protocol signed between the Government and the trade unions on April 24, 2020 does not mention the Green pass as a tool to ensure the protection of health in the workplace, while it stops at the need to have a negative swab only if requested by the health authority to avoid outbreaks or in the presence of a specific request from the competent doctor. Which brings us to what was stated by the court of Florence: in the absence of one of these measures, the suspensions carried out before October 15, 2021 are illegal “, notes the legal information site.

“The employee who has undergone this sanction, concludes the Tuscan judge, has the right to receive all wages lost from the date of suspension until October 15, 2021, the date on which the Green pass obligation was triggered to access work”, the reply.