Roma, 24 settembre 2021 – Con il d.l. n. 127 del 21 settembre 2021, al fine di prevenire la diffusione dell’infezione da SARS-CoV-2, è stato esteso l’ambito applicativo della certificazione verde COVID-19 ai lavoratori del settore pubblico e privato. Precisamente, dal 15 ottobre 2021 e fino al 31 dicembre 2021, il personale delle amministrazioni pubbliche, il personale delle Autorità amministrative indipendenti, ivi comprese la Commissione nazionale per la società e la borsa e la Commissione di vigilanza sui fondi pensione, della Banca d’Italia, nonché degli enti pubblici economici e degli organi di rilievo costituzionale, per accedere nei luoghi in cui svolge l’attività lavorativa, è obbligato a possedere e ad esibire, su richiesta, la certificazione verde COVID-19. Inoltre l’obbligo è esteso a tutti i soggetti che svolgono, a qualsiasi titolo, la propria attività lavorativa o di formazione o di volontariato presso le su elencate amministrazioni, anche sulla base di contratti esterni, nonché ai soggetti i titolari di cariche elettive o di cariche istituzionali di vertice.
Il decreto prevede che il personale che ha l’obbligo del Green Pass, nel caso in cui comunichi di non esserne in possesso o ne risulti privo al momento dell’accesso al luogo di lavoro, sia considerato assente ingiustificato fino alla presentazione della predetta certificazione e, comunque non oltre il 31 dicembre 2021. Non ci sono conseguenze disciplinari e si mantiene il diritto alla conservazione del rapporto di lavoro, tuttavia per i giorni di assenza ingiustificata non sono dovuti la retribuzione né altro compenso o emolumento, comunque denominato.
Nel d.l. n. 127/2021 è stato altresì esteso l’impiego delle certificazioni verdi COVID-19 nel settore privato, stabilendo che, dal 15 ottobre 2021 e fino al 31 dicembre 2021, chiunque svolga una attività lavorativa nel settore privato ha l’obbligo, ai fini dell’accesso nei luoghi in cui la predetta attività è svolta, di possedere e di esibire su richiesta la certificazione verde COVID-19. Il vincolo vale anche per tutti i soggetti che svolgono, a qualsiasi titolo, la propria attività lavorativa o di formazione o di volontariato, anche sulla base di contratti esterni.
Anche per il settore privato il provvedimento sancisce che nel caso in cui i lavoratori comunichino di non essere in possesso della certificazione verde COVID-19 o qualora risultino privi della predetta certificazione al momento dell’accesso al luogo di lavoro, siano considerati assenti ingiustificati fino alla presentazione della predetta certificazione, comunque, non oltre il 31 dicembre 2021, senza conseguenze disciplinari e con diritto alla conservazione del rapporto di lavoro, però per i giorni di assenza ingiustificata non sono dovuti la retribuzione né altro compenso o emolumento, comunque denominato.
Per le aziende con meno di 15 dipendenti, il legislatore ha stabilito una disciplina volta a consentire al datore di lavoro di sostituire temporaneamente il lavoratore privo di Certificato verde. Precisamente è stata prevista per le imprese con meno di quindici dipendenti, la possibilità per il datore di lavoro, dopo il quinto giorno di assenza ingiustificata, di sospendere il lavoratore per la durata corrispondente a quella del contratto di lavoro stipulato per la sua sostituzione, e comunque per un periodo non superiore a dieci giorni, rinnovabili per una sola volta, e non oltre il predetto termine del 31 dicembre 2021.
Sia nel settore pubblico che in quello privato sono i datori di lavoro a dover verificare il rispetto delle prescrizioni. Questi, entro il 15 ottobre, devono definire le modalità operative per l’organizzazione delle verifiche, anche a campione, prevedendo prioritariamente, ove possibile, che tali controlli siano effettuati al momento dell’accesso ai luoghi di lavoro. I datori di lavoro inoltre devono individuare con atto formale i soggetti incaricati dell’accertamento delle eventuali violazioni. Nel provvedimento è stato precisato che la verifica sul rispetto delle prescrizioni per i soggetti, anche esterni, che svolgono a qualsiasi titolo, la propria attività lavorativa o formativa presso le pubbliche amministrazioni su elencate e nel settore privato dovrà essere effettuata anche dai rispettivi datori di lavoro.
Per i lavoratori pubblici o privati, che abbiano avuto accesso nei luoghi di lavoro violando l’obbligo di Green Pass, è stata prevista la sanzione amministrativa del pagamento di una somma da 600 a 1.500 euro, ferme restando anche le conseguenze disciplinari secondo i rispettivi ordinamenti di settore.
Previste sanzioni pecuniarie amministrative anche per i datori di lavoro, in caso in caso di violazione dell’obbligo di verifica del rispetto delle prescrizioni o di mancata adozione delle misure organizzative per effettuare le verifiche nel termine previsto (15 ottobre 2021).
L’obbligo di Green pass, sia nel settore pubblico che in quello privato, non vale per i soggetti esenti dalla campagna vaccinale sulla base di idonea certificazione medica rilasciata secondo i criteri definiti con circolare del Ministero della Salute.
Il decreto introduce anche disposizioni per l’accesso agli uffici giudiziari, ai sensi delle quali, dal 15 ottobre 2021 e fino al 31 dicembre 2021, il Green pass dovranno averlo, e su richiesta esibirlo, per accedervi: magistrati ordinari, amministrativi, contabili e militari, i componenti delle commissioni tributarie. L’obbligo non varrà però per tutti gli altri soggetti che accedono agli uffici giudiziari, ivi inclusi gli avvocati e gli altri difensori, i consulenti, i periti e gli altri ausiliari del magistrato estranei alle amministrazioni della giustizia, i testimoni e le parti del processo. L’assenza dall’ufficio conseguente alla carenza o alla mancata esibizione della certificazione da parte dei menzionati soggetti è considerata assenza ingiustificata, con diritto alla conservazione del rapporto di lavoro, ma non sono dovuti la retribuzione nè altro compenso o emolumento, comunque denominati. L’accesso agli uffici giudiziari in violazione dell’obbligo di Green pass integra illecito disciplinare, sanzionato per i magistrati ordinari ai sensi dell’art. 12, co. 1, del d.lgs. 23 febbraio 2006 n. 109, e per gli altri soggetti secondo i rispettivi ordinamenti di appartenenza. L’accesso alle strutture in cui si svolge l’attività giudiziaria è condizionato al possesso del Green pass anche per i magistrati onorari, per i quali trovano applicazione, nei limiti in cui sono compatibili, le commentate disposizioni. Il d.l. n. 127/2021 prevede anche l’obbligo per le farmacie di somministrare i test antigenici rapidi applicando i prezzi definiti nel Protocollo d’intesa siglato dal Commissario straordinario per l’attuazione e il coordinamento delle misure di contenimento e contrasto dell’emergenza epidemiologica Covid-19, d’intesa con il Ministro della Salute. L’applicazione del prezzo calmierato, deve essere assicurata anche da tutte le strutture sanitarie convenzionate, autorizzate o accreditate con il Servizio Sanitario Nazionale e autorizzate dalle regioni alla somministrazione di test antigenici rapidi per la rilevazione di antigene SARS-CoV-2, aderenti al menzionato Protocollo d’intesa.Prevista inoltre la gratuità dei test antigenici rapidi, somministrati nelle farmacie ovvero nelle strutture sanitarie aderenti al Protocollo d’intesa, per i soggetti che non possono ricevere o completare la vaccinazione anti SARS-CoV-2 sulla base di idonea certificazione medica.
Il provvedimento prevede anche disposizioni sulle condizioni attestate dalle certificazioni verdi COVID. Nello specifico tra le condizioni attestate dalle certificazioni verdi COVID-19 è stata inserita l’avvenuta guarigione dopo la somministrazione della prima dose di vaccino o al termine del prescritto ciclo.
Sancito anche che la certificazione verde COVID-19 rilasciata contestualmente alla somministrazione della prima dose di vaccino ha validità, non più dal quindicesimo giorno successivo alla somministrazione fino alla data prevista per il completamento del ciclo vaccinale, bensì dalla medesima somministrazione fino alla data prevista per il completamento del ciclo vaccinale.
Infine, è stato stabilito che la certificazione verde COVID-19 sia rilasciata anche a coloro che siano stati identificati come casi accertati positivi al SARS-CoV-2 oltre il quattordicesimo giorno dalla somministrazione della prima dose di vaccino nonché a seguito del prescritto ciclo, con una validità di dodici mesi a decorrere dall’avvenuta guarigione.
Per approfondire:
Nome file: DL_21_settembre_2021_n_127
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