Vaccination against coronavirus is one of the ways to effectively combat it, prevent the spread of the disease and improve immunity. Vaccination in Russia is not mandatory, but widespread, so anyone can get an injection. But, as it turned out, there weren’t many people willing. Every citizen over 18 years of age can be vaccinated, but people do not trust the drug, which is why heated debates arise about its effectiveness. The questions concern whether vaccination is legal, whether it is compulsory, whether there will be penalties for refusing to get vaccinated, and how to formalize this refusal. Let's try to figure them out.
Vaccination is voluntary or compulsory
First of all, citizens are interested in whether vaccination against coronavirus is forced or voluntary. A survey of Russians was conducted to find out their opinion on this topic. According to the results, more than 90% of respondents indicated that the decision to get vaccinated should be voluntary, but fear that they will not be given a choice.
For example, if the voluntary vaccination rate is too low, employers may become involved, leaving the person with only one choice: take the vaccine or lose their job. In addition, responsibility for refusing vaccination is discussed at the state level, in the Duma. The mandatory nature of vaccination is considered coercive.
At a minimum, those who refuse vaccination against coronavirus may receive a fine. Although they have not yet spoken about exact amounts, it is likely that they could reach 5-7 thousand rubles for ordinary citizens and about 10 thousand for officials. Legal entities and individual entrepreneurs can pay a fine of 20-30 thousand rubles, and if they do not agree to get vaccinated, they will also suffer losses from stopping their activities for a week.
It is clear that the population did not like such news, and Rospotrebnadzor had to provide explanations. According to updated data, not everyone faces fines and other penalties for refusing to vaccinate against coronavirus, but only certain categories of people who are at risk. Vaccination is mandatory for them.
In particular, doctors and junior hospital staff should be vaccinated, as they regularly come into contact with patients. These people should have been vaccinated before, but now if they refuse, they risk not only getting sick from coronavirus, but also incurring administrative penalties.
The vaccine should also be administered to representatives of other professions. People who work in children's institutions (schools, kindergartens, etc.) and catering workers cannot be infected with coronavirus. They have a vaccination schedule from the Ministry of Health, which must be followed. But it is possible that the list of professions in which vaccination against coronavirus is mandatory may be expanded after the epidemiological situation worsens. Only the presence of fines for refusal causes discomfort for citizens who work in these industries. Since it turns out that even though the process has a voluntary status, in essence it is forced.
How to legally refuse vaccination?
The legality of forced vaccination in an attempt to combat the coronavirus is causing much debate about whether the procedure can be abandoned. It is still voluntary, but not for everyone. It is compulsory for certain categories of persons. But even they can issue a legal refusal to vaccinate, which will not go beyond the law.
The refusal must be written by citizens who are teachers or health workers, since these are the professions that are especially dangerous during the spread of coronavirus, and therefore the risk of getting sick/transmitting the disease further increases significantly. But according to the regulations, the COVID-19 vaccine has not yet been included in the list of mandatory vaccinations, which means you can refuse to take it. Moreover, many fear for the quality of the vaccine and the consequences of vaccination.
In addition, there are serious reasons why vaccination is contraindicated. For example, they will not vaccinate against coronavirus in the following cases:
- the previous vaccination caused serious complications or the body reacted too strongly;
- vaccine components cause allergic reactions;
- a person has an acute respiratory viral infection or has had it in the previous two weeks before wanting to prevent coronavirus;
- diagnosed with HIV or another immune system disease;
- chronic diseases have worsened;
- a woman is pregnant or breastfeeding.
Refusal to vaccinate against coronavirus for any of the reasons under consideration is not punishable by law. Although even these circumstances do not exempt you from the need to properly formalize your refusal to undergo vaccination.
According to the law, the refusal must be submitted in the form of a written document. Health workers have standardized forms. They contain all the important information about the patient, and in a separate column it is noted that he refused vaccination. To confirm the legality of the paper, the patient’s signature and the date of the refusal are placed on the document.
It is possible to issue a waiver document even if the person is at risk. But in this case the procedure changes slightly. When drawing up a refusal paper, you need to make an additional statement. It should contain a reference to Law 157-FZ and Order of the Ministry of Health of the Russian Federation No. 125, since these provisions provide information about which diseases require mandatory vaccination. At the moment, coronavirus is not on this list.
Right to refusal by law
Vaccinations were mandatory in the Soviet Union; there are no such norms in the current Russian legislation. Moreover, the main laws on vaccination, Federal Law-323 of November 21, 2011 “On the Fundamentals of Health Protection...” and Federal Law-157 of September 17, 1998, give citizens the right to refuse vaccinations.
Basic legislative provisions on vaccination:
vaccination is a preventive vaccination, one of the types of medical intervention in order to build immunity;
Every citizen can refuse vaccination; for a minor under the age of 15, this is done by his legal representative (parents, adoptive parents, guardians);
refusal of vaccination, like refusal of any other medical intervention, is issued in the form of a written or electronic document (signed using an enhanced qualified signature). It is also signed by a health worker, who explains to the citizen the consequences of refusal. The medical organization ensures that the refusal is kept in medical records.
Accordingly, the answer to the question of how to legally refuse a flu shot at work is simple: write a refusal.
What will happen to those who refuse vaccination against coronavirus?
The coronavirus vaccination law does not yet state that those who refuse vaccination will face serious penalties. There is currently talk about imposing a fine upon refusal only for certain categories of citizens who are at risk. But even they are not yet required to pay for their refusal to vaccinate. At the moment, amendments to the Code of Administrative Offenses of the Russian Federation are being discussed, but at the legal level there is not a single act according to which, if a person refuses, he faces administrative or criminal punishment.
Although even if changes to the code are made, they will only affect some of the groups that have already been mentioned (medical workers, teachers, etc.). But these citizens are already required to undergo routine vaccinations, which are mandatory, and the coronavirus vaccine will simply be added to the list. But for now, vaccination against COVID-19 is not included in the list of mandatory ones, which means you can refuse it without any consequences.
There is one point that may be alarming. In particular, educational institutions will not accept children who have not been vaccinated. But parents themselves decide whether to vaccinate their child or not. At least until he turns 15. And schools and other institutions do not have the right to refuse to accept a child, even if he has not been vaccinated. Especially if this is the only reason for refusal. Forced withdrawal is also not possible.
The employer and COVID-19: is it possible to force someone to get vaccinated?
Is vaccination against coronavirus mandatory in Russia, does an employer have the right to force people to get vaccinated and how to react if they are forced to get vaccinated at work - in the Kommersant material.
Is vaccination against coronavirus mandatory?
According to current legislation, vaccination against COVID-19 is voluntary for all citizens of the Russian Federation
.
In December 2021, the Ministry of Health included it in the calendar of preventive vaccinations for epidemic indications.
In addition to Covid, it includes vaccinations against chickenpox, anthrax, plague and other diseases.
The calendar lists the categories of citizens who must be vaccinated on a “mandatory” basis. The first priority category includes:
- health workers and teachers, social workers, MFC employees;
- persons aged 60 years and older;
- those suffering from certain chronic diseases (cardiovascular, bronchopulmonary, obesity, diabetes);
- residents of cities with a population of more than 1 million people.
But, according to Art. 51 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, vaccinations from the calendar for epidemic indications are prescribed for certain categories or for all citizens only in the presence of motivated decisions of the chief sanitary doctors of the constituent entities of the Russian Federation
or their deputies in case of deterioration of the epidemic situation. According to data as of the end of April 2021, no such resolutions have been adopted in any Russian region.
The voluntary procedure for vaccination is also guaranteed by the federal law “On Immunoprophylaxis of Infectious Diseases.” It states that vaccination is a medical intervention that can only be performed with the consent of the person being vaccinated
. The same law applies to situations where an employer forces you to get a flu shot.
Can an employer force you to get vaccinated?
According to the laws listed above, an employee has the right not to be vaccinated
as planned.
In cases where the employer requires vaccination, the refusal must be in writing. Once a refusal has been issued, the employee cannot be suspended from work or forced to participate in preventive measures
.
At the same time, the law “On Immunoprophylaxis of Infectious Diseases” stipulates that due to the lack of preventive vaccinations, an employer may refuse to hire a person for a job associated with a high risk of disease. The corresponding list approved by the federal government includes the following types of work:
- in the field of education;
- in infectious diseases departments of hospitals;
- with biological fluids, blood;
- in areas unfavorable in terms of infection.
Since vaccination against coronavirus is included in the calendar of preventive vaccinations for epidemic indications, disciplinary measures can only be applied if there are the above-mentioned decisions of the chief sanitary doctors of the constituent entities
. This legal procedure is explained in the public letter from the head of Rospotrebnadzor Anna Popova “On immunization of employees of educational institutions” dated March 1, 2021.
Recently, Russian authorities have been discussing the transfer of coronavirus vaccinations from the calendar for epidemic indications to the national calendar of preventive vaccinations
, which defines the procedure for vaccination against measles, diphtheria, tetanus, influenza and a number of other diseases.
When included in this calendar, vaccination against covid will become mandatory for representatives of a number of socially significant professions
, including teachers, doctors, social workers, and refusal to vaccinate may provoke disciplinary measures, in particular suspension from work.
What to do if vaccination is compulsory
If an employer forces you to get vaccinated, lawyers advise complaining to the labor inspectorate, reporting this to the district prosecutor's office, or going to court.
.
Deputy General Director for Legal Issues of Human Resources Management of ANCOR Holding Snezhana Orlova (Pentsova)
:
“Both during an interview for a specific position, and subsequently during the period of employment, the employer or future employer may ask the candidate or employee to provide information solely regarding his business qualities, or ask him to perform any task solely within the framework of his job function, the rest is straightforward prohibited by law. If there are any threats from the employer for failure to comply with vaccination requirements or if there is a refusal to hire due to failure to provide any information on the issue of coronavirus, the employee or future employee may contact the labor inspectorate, the prosecutor's office and/or the court, since these actions of company representatives are illegal. Yes, you need to understand that it is not enough to write to the indicated authorities; you also need to provide evidence of your position. But that’s a slightly different story.”
Mikhail Malaev, group "Direct Speech"
What to do if you are forced to take a coronavirus vaccine at work
If you are forced to get vaccinated at your workplace, you should take into account that the law on compulsory vaccination against coronavirus says only certain categories of people can do so. But they also have the right to refuse.
There are rumors that employers will force employees to get vaccinated almost forcibly. This is especially true for the management of educational and medical institutions, as well as administrative organizations. The main reason for this coercion is pressure from Rospotrebnadzor.
If workers refuse vaccination, they are threatened, if not with dismissal, then with temporary suspension from work. And if we are talking about students, they are threatened with expulsion from the educational institution. But these are only rumors, and if the employer allows himself something like this, it should be taken into account that the law has not been adopted and its effect does not even apply to areas under his control.
Further actions are already regulated - drawing up a written refusal of vaccination, writing an application (indicating links to regulatory documents in it). The original of these documents must be left at the hospital, and copies must be given to the authorities. If there is a fact of threats, according to the law, protection implies recording all precedents indicating a coercive type of action. For example, recordings of threats on a voice recorder, screenshots of correspondence, etc. If colleagues also feel pressure, you can write a collective complaint to management, go to the labor inspectorate or even to the court/prosecutor's office.
You can get legal assistance on vaccination issues on our website.
What does the law say?
Last December, the Federal Ministry of Health issued Order No. 1307n. Based on the document, we learn that the following should be vaccinated against COVID-19:
- persons with chronic diagnoses, including heart disease, obesity and diabetes;
- health workers, employees of educational institutions, social services and MFC;
- employees of transport organizations, law enforcement and customs authorities;
- watchmen;
- volunteers;
- military personnel and conscripts;
- service industry employees;
- state and local officials;
- residents of boarding houses, nursing homes and other social organizations;
- university and college students over 18 years of age.
But the requirements of this order apply only in cases where the chief state sanitary doctor of the region has signed a decree on the beginning of the epidemic. According to the latest data, Rospotrebnadzor did not sign such documents.
However, the government also approved a list of jobs for which preventive vaccinations - and therefore immunization against coronavirus - are mandatory. These include:
- agricultural, construction and geological work;
- harvesting and harvesting of forests, as well as landscaping;
- livestock farming;
- procurement and storage of agricultural products;
- slaughter of livestock infected with infections;
- caring for livestock on livestock farms.
These points apply to citizens working in areas recognized as unfavorable for infections for humans and/or animals. In addition, workers need to be vaccinated against coronavirus:
- dealing with sewer networks,
- in contact with patients suffering from infectious diseases,
- dealing with infectious agents, as well as human biological fluids, such as blood.
