Various departments repeatedly commented on the issue of vaccination of employees back in the spring. Many were interested in whether an employer can suspend from work those who have not been vaccinated? When is vaccination mandatory?
On April 12, 2021, Rospotrebnadzor published answers to frequently asked questions about vaccination on its website. Among them, in particular, was this: will vaccination be voluntary?
The agency explained that “any Russian can write a voluntary refusal to receive a vaccine against COVID-19,” while “the lack of vaccinations may lead to some restrictions.” These restrictions may be expressed in refusal to apply for a job or in exclusion from work in an educational, medical or social institution if there is a threat of an epidemic.
- Vaccination calendar and coronavirus
- Suspension from work due to refusal to vaccinate
- Who will be affected by mandatory vaccination?
- Requirements for employers in connection with mandatory vaccination
- Vaccination rules during maternity leave and vacation
- How to report the number of vaccinated workers
- How to calculate the percentage of vaccinated workers
- Memo for employers on vaccinating employees: position of the Office of the Commissioner under the President of the Russian Federation, Ministry of Labor, Rospotrebnadzor
- Procedure for vaccination of service sector employees: official explanations
Vaccination calendar and coronavirus
Rospotrebnadzor reminded that there is a vaccination calendar (approved by Order of the Ministry of Health of the Russian Federation dated March 21, 2014 No. 125N). It provides two types of vaccination:
- preventive (provide immunization against common infections: measles, rubella, mumps, polio, chickenpox, diphtheria, influenza, tuberculosis, hepatitis B, tetanus, etc.);
- preventive for epidemic indications (carried out when there is a threat of various epidemics, including for risk groups: for example, seasonal vaccination against tick-borne encephalitis).
The Ministry of Health has included vaccination against COVID-19 in the national calendar of preventive vaccinations. At the same time, vaccinations against coronavirus are classified as vaccination for epidemic indications (Order of the Ministry of Health of the Russian Federation dated December 9, 2020 No. 1307N). In accordance with Art. 10 of Federal Law No. 157-FZ of September 17, 1998, immunization under high alert conditions is mandatory for the groups designated in the order.
At the same time, the law gives the right to refuse preventive vaccinations to those who are not included in the category of workers requiring mandatory immunization.
conclusions
Vaccination against coronavirus is voluntary. If vaccination is offered at work, then to refuse it is enough to write a statement.
Workers from the List approved by Resolution No. 825 will be required to get vaccinated if a coronavirus epidemic is declared. Currently, these persons can also refuse, since there are no regulations or orders regarding a special epidemic situation in the country or region.
If the employer threatens dismissal or disciplinary action, the employee can complain to the labor inspectorate, prosecutor's office or court.
Suspension from work due to refusal to vaccinate
In the spring, Rospotrebnadzor issued Letter No. 09-3748-2021-40 dated 03/02/2021, in which it was reported that there are currently no legal grounds for removing employees from work due to refusal to vaccinate. In this sense, even those employees whose work involves a high risk of infection are protected.
The department emphasized that immunization against coronavirus is included in the calendar of preventive vaccinations for epidemic indications. Therefore, if there is a threat of the emergence and spread of infection, everything will depend on the position of the chief state sanitary doctors of the constituent entities of the Russian Federation. If they make a decision and issue reasoned resolutions on carrying out preventive vaccinations for epidemic reasons, refusal to vaccinate in this case may result in the removal from work of employees without vaccinations.
Rostrud reminds
It is impossible to suspend an employee from work for refusing scheduled vaccination, but if the constituent entities of the Russian Federation adopt a resolution on preventive vaccinations for certain groups of the population for epidemiological reasons, dismissal is possible.
On June 15 and 16, 2021, motivated decisions were issued by the chief sanitary doctors for Moscow and the Moscow region. Following them, the decision to carry out preventive vaccinations for epidemic indications against COVID-19 for certain categories of citizens subject to mandatory vaccination was made by the Kemerovo and Sakhalin regions.
According to the head of Rospotrebnadzor Anna Popova, mandatory vaccination of risk groups, if necessary, will be introduced in other regions.
The lawyer explained whether teachers who have not been vaccinated against the flu can be fired
According to the expert, they are classified by the government as persons subject to mandatory vaccination.
As it became known from the order of the acting rector of the Moscow State University of Civil Engineering, teachers who have not been vaccinated against influenza or have not provided a medical exemption will be removed from their positions.
In addition, the university organized sanitary patrols to strengthen control over compliance with sanitary standards. Employees and students who violate the sanitary regime will also be identified using a video surveillance system.
After this, as follows from the document, violators will be subject to disciplinary and other liability established by law, “up to and including expulsion and termination of employment contracts.”
“Part 3 of Article 20 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” speaks of the right of every person and citizen in the Russian Federation to refuse medical intervention, including vaccination. The article states that citizens “have the right to refuse medical intervention or demand its termination, except in cases established by law,” explained candidate of legal sciences Ekaterina Skosarenko to a Moskovskaya Gazeta correspondent. – Those who have the risk of becoming infected or infecting others at work (for example, emergency doctors), or those who pose a danger to others cannot refuse medical intervention, as well as preventive and health protection measures, such as vaccination. due to an existing disease.
Teachers and professors are also classified by the government as persons with occupational risks and subject to mandatory vaccination. The result is an absurd situation: no one obliges them to get vaccinated and teaching staff have the right to refuse, but they may suffer consequences in the form of suspension from work for the entire period of time until the circumstances that served as the basis for suspension from work or non-admission to work without payment of wages are eliminated . This directly follows from Article 76 of the Labor Code of the Russian Federation and Clause 2 of Article 5 of the Federal Law “On Immunoprophylaxis of Infectious Diseases”.
“University teachers really have the right to be suspended from work if they refuse immunization, carried out in accordance with the National Vaccination Calendar. In which, in particular, the flu shot is indicated. You can refuse it only if you have existing personal medical exemptions and contraindications. For example, there was a strong reaction (presence of temperature above 40 degrees Celsius, swelling and hyperemia of more than 8 cm in diameter at the site of vaccine administration) or a post-vaccination complication of the vaccine,” the lawyer added.
A more detailed list of contraindications for each vaccine can be found in paragraph 4 of the Guidelines “Vaccine prevention. Medical contraindications to preventive vaccinations with drugs from the national vaccination calendar.”
The specialist also noted that the day before the State Duma and the Ministry of Justice discussed the introduction of sanctions for violating the rules of immunization, including a special increased fine in the Code of Administrative Offenses if categories of people for whom vaccination is mandatory refuse vaccinations. The idea was abandoned.
Who will be affected by mandatory vaccination?
Each region defines its own risk groups. Therefore, it is important to read the regulations carefully. But in general, mandatory vaccination affects categories of employees who come into contact with a large number of people and work in the following areas:
- trade;
- public catering;
- beauty salons, cosmetics, spa salons, massage parlors, solariums, baths, saunas, fitness centers, fitness clubs, swimming pools;
- domestic services;
- client divisions of financial organizations, as well as organizations providing postal services;
- MFC;
- public transport, taxi;
- education, health care, social protection and social services;
- Housing and communal services and energy;
- cultural, exhibition, educational events (including museums, exhibition halls, libraries, lectures, trainings);
- leisure, entertainment, entertainment events (including gaming events, master classes);
- children's playrooms, children's entertainment centers, etc.;
- theaters, cinemas, concert halls;
- mass physical education and sports events;
- civil servants, municipal employees.
The requirement applies to everyone who works under employment contracts and GPC agreements.
Important documents
Resolution of the chief state sanitary doctor for the city of Moscow dated 06/15/2021 No. 1 “On carrying out preventive vaccinations for certain groups of citizens according to epidemic indications”
Resolution of the chief state sanitary doctor for the Moscow region dated 06/16/2021 No. 3 “On carrying out preventive vaccinations for certain groups of citizens according to epidemic indications” indications"
Resolution of the Chief State Sanitary Doctor for the Kemerovo Region - Kuzbass dated June 17, 2021 No. 10 “On carrying out preventive vaccinations for certain groups of citizens for epidemic indications”
Resolution of the Chief State Sanitary Doctor of the Sakhalin Region dated June 18, 2021 No. 204 “On additional measures to prevent the new coronavirus infection (COVID-19) in the Sakhalin Region”
Vaccination in the organization
Vaccinations are carried out at enterprises to prevent the spread of infectious diseases in the workforce.
Persons at increased risk of contracting the flu include employees:
- consumer service enterprises;
- educational institutions;
- shopping establishments;
- transport companies and catering establishments;
- structures ensuring the activities and security of the country and population (Ministry of Emergency Situations, Ministry of Internal Affairs, Ministry of Defense, Housing and Communal Services).
How can an employer confirm that employees who are foreign citizens ?
Some categories of citizens are also considered at risk, including those in contact with sick citizens:
- children;
- pregnant people and elderly citizens;
- medical workers;
- employees of organizations providing 24-hour stay for adults and minors.
In what order does the employer vaccinate employees ?
Every citizen of the country has the right to preserve his health (Article 45 of the Constitution of the Russian Federation). Therefore, a person should not create conditions for violating the rights of other people during daily contacts, including during the performance of work duties. Refusal to participate in a preventive measure increases the risk to the health of surrounding citizens and violates their right to maintain health.
Company management is obliged to create safe working conditions for employees, including measures to prevent the possibility of the spread of a viral disease if it enters the walls of the institution. The main method in such cases is vaccination, for which the company's management must issue an order to carry out measures to protect workers from the flu.
Requirements for employers in connection with mandatory vaccination
If an individual entrepreneur or organization works in those areas of business that are indicated in the decrees of the chief physician, they must organize vaccination of at least 60% of employees before certain dates:
- until July 15, 2021 – with the first component or single-component vaccine;
- until August 15, 2021 – the second component of the vaccine.
The requirement will not affect only those who have contraindications to vaccination.
Convenient tools for recording personnel events, generating orders and other documents
Companies and individual entrepreneurs must report the number of vaccinated people in special reports.
In addition, the employer is responsible for conducting awareness-raising work on the prevention of COVID-19 among employees.
Note! For Moscow entrepreneurs, the deadline for submitting vaccination reports for 60% of employees has been extended until July 22 .
How to report the number of vaccinated workers
The Mayor of Moscow signed Decree No. 32-UM dated June 16, 2021, in which he indicated the need for employers to report on compliance with the requirements of the decree on compulsory vaccination.
During the period from July 1, 2021 to July 15, 2021, individual entrepreneurs and organizations must submit information on the number of vaccinated employees .
The report form (provided in the Decree) is submitted electronically through the personal account of a legal entity or individual entrepreneur on the website of the mayor and government of Moscow. In the report, in addition to general information about the company and individual entrepreneurs, you must indicate the total number of employees and information about employees confirming compliance with the resolution.
The following information is entered for vaccinated employees:
- SNILS;
- compulsory medical insurance policy number (if available);
- series and number of an identity document or patent (for foreign citizens);
- phone number.
The information that the employer submits in the report will be checked for compliance automatically.
A similar report, according to the Decree of the Governor of the Moscow Region dated June 16, 2021 No. 184-PG, must be submitted by employers in the Moscow region. The report should be submitted electronically through the personal account of the organization or individual entrepreneur on the portal of state and municipal services of the Moscow region.
Who to vaccinate against COVID-19: answers to common questions
A selection of answers to the most frequently asked questions has appeared on the website of the Moscow Mayor - about how to fill out a report and who exactly to vaccinate if the company is large.
What should be indicated in the reports in the column with the total number of employees - the total number of employees or the number of those who should be vaccinated?
Section 8 indicates the number of all employees. The list includes:
- actually working employees;
- employees on business trips;
- employees on sick leave;
- employees performing state or public duties;
- those hired on a part-time basis.
Section 9 indicates the number of vaccinated people, calculated from the total number of employees of the organization or individual entrepreneur, including executors under civil contracts, working in the city of Moscow.
The production has its own store. 200 people work in production, 30 in trade. Is it enough to vaccinate 25 people involved in trade?
If the main type of activity is the one indicated in the list of areas whose workers are subject to vaccination, then at least 60% of all production workers working in the city of Moscow must be vaccinated. It does not matter how many of them are engaged in trade.
The chain has stores and warehouses in different cities. The total number of all employees is 3,000. In Moscow, 500 people work in the office and in stores, and 400 people work only in stores. Is it enough to vaccinate 300 people from stores?
It is necessary to determine 60% of employees not from the payroll of the entire network in Russia, but from the list of employees actually working in Moscow. In this case, the main type of activity of the employer (section 6) must be included in the list of areas whose employees are subject to vaccination.
Who is among those vaccinated for the network - those vaccinated in Moscow or at all enterprises of the network?
We need to count the number of vaccinated people actually working in Moscow.
How to calculate the percentage of vaccinated workers
In their recommendations to employers, the Ministry of Labor and Rospotrebnadzor remind employers of the need to ensure a level of collective immunity of at least 80% of the payroll. This 80% also includes employees who have been ill and those who were vaccinated (no more than 6 months ago).
No more than 20% of the payroll should be:
- unvaccinated people with medical contraindications;
- employees sent for off-the-job training (for the entire period of validity of the resolution) who receive a stipend at the expense of the organization;
- those who are idle or on unpaid leave at the initiative of the employer for the entire period of validity of the resolution;
- those on maternity leave, on adoption leave from the date of birth of the adopted child, as well as on parental leave;
- students studying in educational organizations and on additional leave without pay, as well as employees entering educational organizations who are on leave without pay to take entrance exams;
- those who did not report to work due to illness (during the entire period of illness until returning to work in accordance with certificates of incapacity for work or until retirement due to disability);
- on long-term business trips abroad.
To determine the percentage of vaccinated employees, you need to:
- Compile a list of employees (headcount, excluding vacant positions). It includes: employees working under an employment contract and performing permanent, temporary or seasonal work, as well as working owners of organizations who receive a salary.
- Obtain vaccination information from employees who have been vaccinated. Data on completion/failure of vaccination are considered personal data and cannot be distributed without the consent of the employee.
- Correlate the total number of employees who provided information about vaccination to the payroll number taken into account when assessing the percentage of vaccinated people. This way you can determine the percentage of vaccinated people.
Vaccination of employees
For some organizations, it is the employer’s responsibility to vaccinate certain categories of employees, and if vaccinations are not done, then you, as an occupational safety specialist, are obliged to suspend the employee.
But I know quite a lot of people who are skeptical about vaccination and always write a refusal.
Because on the basis of paragraph 1 of Art. 5 Federal Law No. 157 provides for the right of any person in the Russian Federation to refuse professional vaccinations.
Then a logical question arises: “On what basis will the employer dismiss?” It turns out he has no right to demand and force his employee.
But if you follow this path, the consequences can be extremely severe, because at the very first inspection by Rospotrebnadzor, you will receive an order and more.
And such situations are not uncommon, and vaccinations are required for public catering workers, and if a violation is detected, then Rospotrebnadzor has every right to remove staff from work and suspend the organization’s activities.
To avoid getting into trouble, it is better to understand when mandatory vaccination of workers is required and for which organizations.
You can watch a short and succinct video about who is required to get vaccinated, and I will also leave a link to my YouTube channel, where you can learn a lot of useful information on occupational safety.
Employer's liability
If the employer does not comply with the requirements of the law and mandatory vaccination of employees is not carried out, then he will be brought to administrative responsibility (Article 6.3 of the Code of Administrative Offenses of the Russian Federation).
Fines vary depending on the field of activity, and range from approximately 20 to 80 thousand rubles, but this article also gives Rospotrebnadzor the opportunity to suspend activities for up to 90 days.
Procedure for vaccination of service sector employees: official explanations
The Moscow Operational Headquarters and the head of the Moscow Office of Rospotrebnadzor gave answers to numerous questions received from employers on the topic of employee vaccination.
Key Requirements:
- Who should be included in the 60%? Exclusively vaccinated employees. They can be vaccinated with any registered vaccine.
- Who counts in 40%? Employees with temporary medical exemptions, as well as those who have recovered from coronavirus and other persons at the discretion of the organizations themselves.
- When determining the percentage of vaccinated people, remote employees and self-employed people hired on the basis of contracts are included in the total staff.
- If an employee avoids formalizing a written refusal to undergo vaccination, the employer needs to record this fact in writing, that is, draw up a report.
- The data presented in employer reports will be automatically compared with information about vaccinated individuals from the EMIAS and GIS of the Ministry of Health. If a non-compliance with the established requirement for vaccination of at least 60% of employees is detected, information about the violation will be immediately transferred to the Rospotrebnadzor Office. Control will be carried out in the form of continuous checks in relation to all employers.
- The requirement to wear a mask and gloves remains for all employees, regardless of whether they have been vaccinated.
