Every year, the Ministry of Health recommends getting vaccinated against influenza on the eve of the autumn-winter season. And this year, a vaccination against coronavirus infection was added to the list of vaccinations. Employees of a number of enterprises were told about the need for vaccination, especially citizens at risk.
But not everyone agrees to be vaccinated against influenza and COVID-19. Some people do not trust domestic drugs, others do not get vaccinated for personal reasons or for medical reasons. What to do if the refusal caused problems at work? Can an employer force you to get vaccinated? And what may be the legal consequences of refusal for the employee? Yulia Kholodionova answered these questions to the FAN .
From the personal archive of Yulia Kholodionova /
Why does an employer require vaccinations?
By law, the employer is obliged to create safe working conditions at production and in the organization. This is required not only by the Labor Code, but also by other legislative acts, regulations, and recommendations of the Ministry of Health, which are updated almost annually.
Another responsibility of the employer is to ensure the safety of the services that his organization provides to consumers and the goods that it produces and sells. Thus, each enterprise must make its contribution to the sanitary and epidemiological well-being of the country’s citizens.
“It is impossible to prevent the spread of infectious diseases in society, especially dangerous ones that pose a threat to the lives of citizens, without the involvement of employers,” comments lawyer Yulia Kholodionova. “Therefore, legal entities and individual entrepreneurs are required to carry out appropriate work within their enterprises. One of these measures is vaccination, which is an integral part of preventing the spread of infections.”
This is especially true for employees of enterprises who come into contact with a huge number of people every day. On the one hand, their employees themselves are at risk and should be interested in protection from infection. On the other hand, they can serve as sources of spread of infection if the disease was not detected in time or the employee is negligent in the prevention of infectious diseases and goes to work sick.
But whatever the employee’s beliefs, at the moment when he is at the workplace, responsibility for labor safety and the absence of threats to third parties (customers, clients) lies with the employer. And the failure of a canteen or store employee to be vaccinated against infections can become a serious problem for a business owner or enterprise manager.
“In general, vaccination is voluntary,” the expert clarifies. - Every citizen has the right to refuse it. But since the employer is obliged to take part in the prevention of infectious diseases, he must insist on vaccination of employees. It turns out to be a vicious circle.”
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Side effects from vaccination
The number of supporters and opponents of vaccination increases every year. Manufacturers produce a proven drug, which in most cases is easily tolerated by the body. After vaccination, a person must remain under medical supervision for half an hour. In case of a negative reaction, the drug can cause:
- temperature increase;
- hyperemia of the oropharynx;
- runny nose;
- a sore throat;
- redness and swelling at the injection site;
- muscle pain;
- allergic reaction.
Side effects disappear after 2-3 days and occur in 0.00005% of all vaccinated people.
The use of influenza vaccinations does not protect against viral disease, but it minimizes the risk of severe complications leading to irreversible consequences or death. Vaccination is effective if it was carried out before the epidemiological season.
Does an employer have the right to force people to get vaccinated?
In 2021, the problem of the spread of infectious diseases in Russia has become more pressing than ever. In this regard, changes were made to the preventive vaccination calendar for epidemiological reasons. And professions that are included in risk groups for the likelihood of encountering an infection and contributing to its spread have become priorities for vaccination.
According to new recommendations, doctors, nurses and other employees of medical institutions should be vaccinated against influenza and coronavirus infection. The first level priority group also includes workers:
- schools and kindergartens;
- social service institutions and multifunctional centers;
- citizens living in social institutions.
The second level priority group includes transport and energy workers, military personnel, law enforcement officers, shift workers, social workers and volunteers who work with the public. Civil servants, conscripts and students of educational institutions over 18 years of age should be vaccinated in the third stage.
“Vaccination may become mandatory for workers in these areas,” says Yulia Kholodionova.
How does the vaccine work?
WHO advocates general immunization of the population. Flu vaccines provide immunity to several common strains of the virus that will attack this fall. The flu shot does not cure and does not provide a 100% guarantee that you will not get infected. The vaccine provokes activation of the immune system to form antibodies to the influenza virus. It reduces the risk of illness and makes it easier to cope with the flu if it cannot be avoided. The antibodies produced recognize the virus by sight and immediately attack it during the incubation period. Vaccination prepares the body before the start of a new season of respiratory diseases. If this is not done, then the likelihood of developing serious complications is high.
The effectiveness of preventive vaccination is higher than taking immunomodulators, a course of vitamins, treatment with homeopathic medicines and traditional medicine. Despite the fact that many manage to recover from the flu in 7-14 days without complications, for people at risk, a flu epidemic can lead to irreversible consequences. Just because you've had the flu easily before doesn't mean your immune system will handle the new flu strain just as well.
Is it legal if an employer forces you to get vaccinated?
The right of every person to refuse vaccination, regardless of his position and area of work, is enshrined in the law “On the Prevention of Infectious Diseases.” According to this regulatory act, vaccination is recognized as an intervention in human health. And any intervention can only be carried out with the consent of the citizen, and not even in words, but in the form of a document signed by the person.
But the same law also considers the other side of the issue. In particular, it suggests that the lack of certain vaccinations may be sufficient grounds for refusal of permission to enter certain countries where the risk of encountering a dangerous infection is high. Also, on completely legal grounds, a person may not be hired if his work activity is associated with the threat of infection.
If we are talking about an employee who refuses to be vaccinated, the employer has the right to take measures. For example, it may prevent an employee from entering the workplace or temporarily suspend him from performing professional duties until the threat of infection disappears.
“The vaccination calendar clearly states which categories of workers, what types of vaccinations and with what frequency should receive,” says lawyer Yulia Kholodionova. — At the same time, they take into account the specifics of the work, the territory where the professional activity is carried out, if it creates a risk of contracting a certain disease. Thus, vaccination against influenza and measles is recognized as general. It is mandatory for health workers, teachers, public utilities and transport workers to undergo it.”
If an employee works in an area where vaccinations are approved by the national calendar, but refuses to do them, this cannot serve as a basis for bringing him to disciplinary action. Deprivation of a bonus, reprimand, demotion, and especially dismissal - all these are illegal methods of “force” influence, to which the employer has no right.
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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 .
What to do if your employer forces you to get vaccinated against coronavirus or flu
If an employee does not intend to be vaccinated, he must write a written refusal at his place of work. Since vaccinations are strictly voluntary, the presence of this document should be sufficient to resolve disagreements between the employee and the employer.
If the employer is not satisfied with the refusal, he continues to insist on his position and, even more so, applies disciplinary methods, the employee should contact the labor inspectorate.
“An employee can write an application to the labor inspectorate, which is responsible for protecting the labor rights of employees,” the expert notes. — Since consent to vaccination largely depends on the person’s health status, refusal can also be argued based on the presence of medical contraindications. But in any case, refusal is an exclusively personal decision of a person; it is unacceptable to consider it as a disciplinary offense. In resolving this dispute, the labor inspectorate must side with the employee.”
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.
Grounds for compulsory vaccination of workers
Due to the worsening situation regarding COVID 19, the authorities of Moscow and the Moscow region introduced mandatory vaccination of employees for certain areas of activity from June 16, 2021.
Important! Regulatory documents stipulating mandatory vaccination in Moscow are Resolution of the Chief State Sanitary Doctor for Moscow dated June 15, 2021 No. 1.
Authorities in other regions followed the example of Muscovites. Vaccination has become “obligatory” for residents of the Kemerovo and Leningrad regions, the Kabardino-Balkarian Republic, Sakhalin, Lipetsk, and Saratov.
The decision on mandatory vaccination has so far been made only for working people, since 73% of those infected with coronavirus are the working population.
In what areas of activity is vaccination mandatory?
This applies to employees signed under an employment contract, as well as performers performing work under civil contracts in the areas of:
- trade;
- beauty salons, massage, cosmetic, spa salons, solariums, baths, saunas, fitness centers, fitness clubs, swimming pools;
- household services;
Household services include laundry services, dry cleaning, shoe repair, funeral services and other similar services.
- catering;
This applies to such catering establishments as restaurants, bars, cafes, buffets, cafeterias, canteens, fast food establishments, snack bars and similar catering establishments.
Although this is the case, according to the Decree of the Mayor of Moscow dated June 18, 2021 No. 33-UM, from June 19 to June 29, 2021, public catering can operate at night only for visitors who are fully vaccinated against COVID-19.
- client departments of financial organizations;
- organizations providing postal services;
- MFC;
- public transport and taxi;
- health, education, social protection and social services;
We are talking about schools, hospitals, Social Protection Centers.
- housing and communal services;
- cultural, exhibition and educational, leisure, entertainment and entertainment events;
This applies to libraries, museums, various types of training, and master classes.
True, an exception is made here for official events organized by executive authorities.
- theaters, cinemas, concert halls;
- mass sports and physical education events;
- various types of children's entertainment: playrooms, day camps.
As you can see, the list of activities in which vaccination is mandatory is extensive.
In addition, vaccination is mandatory for state, civil, and municipal employees of Moscow and the Moscow region, as well as employees of government agencies in Moscow and the Moscow region.
