Voluntary-compulsory: the lawyer explained whether an employer has the right to force people to get vaccinated

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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Regions with mandatory vaccination

The main document according to which employers must ensure that employees are vaccinated against coronavirus is the Resolution of the region’s chief sanitary doctor. As of July 23, 2021, such resolutions have been adopted in the following regions:

The coronavirus vaccination itself is mandatory (if a resolution has been adopted in the region), as it is included in the National Vaccination Calendar for epidemic indications (Appendix 2 to Order of the Russian Ministry of Health dated March 21, 2014 No. 125n).

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.

Can they force you to get vaccinated?

The employer, in accordance with the norms of the Labor Code, is obliged to provide its employees with the safest possible working conditions. These conditions also include preventive measures, the purpose of which is to prevent the spread of viral infections, including influenza, among employees.

Each activity requires mandatory preventive vaccinations in accordance with the specially approved National Vaccination Calendar. Such infections include whooping cough, rubella, mumps, hepatitis, diphtheria, rubella (provided that the employee did not undergo this immunization in a timely manner).

Is it mandatory for doctors, teachers and other categories of workers who are constantly in close contact with a large number of people to be vaccinated against the flu? The legislation answers this question positively, based on the norms of decree number 82, which states that vaccination is one of the preventive measures that can prevent the mass spread of infectious viral pathologies.

The vaccination process is mandatory for workers in the medical, retail, catering and other similar areas of activity. For example, in educational institutions, in accordance with federal legislation, mandatory flu vaccinations are required for employees during a seasonal increase in the number of cases. If an employee does not want to carry out such an event, he becomes dangerous to others, carries a potential risk of infection, and therefore may be deprived of the right to perform his own labor functions during the epidemic.

To force employees to undergo immunization, the head of the enterprise must prepare a corresponding order with references to legislative acts, with which each employee must be familiarized with signature.

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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How to refuse vaccination?

In order for an organization to carry out universal immunization, an enterprise order for influenza vaccination must be prepared. Most often, such measures are taken in organizations where there is a high risk of contracting viral infections.

However, at the discretion of the manager, in order to reduce the number of employees contracting the flu, mass vaccination may well be carried out in any organization, even without a large number of employees and high risks of infection. Employees of such organizations have no choice, because management can create a decree according to which employees who have not been vaccinated will not be allowed to carry out their work functions.

Not every person is ready to look for legislative acts and confirm their own right to refuse vaccination. Nevertheless, such a procedure is absolutely legal, the main thing is to fill out a proper application.

The director of an organization does not have the right to fire or not hire employees who refuse to be vaccinated against the flu. He can only temporarily suspend such workers (if there is a threat of an epidemic).

To legally oppose immunization, you should consider the list of contraindications to influenza vaccinations:

• allergy to chicken protein;
• previous severe allergic reaction to vaccination;
• increased body temperature;
• signs of acute respiratory viral infection or intestinal infection;
• the presence of chronic pathologies.

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To express your own opinion against vaccination, with legal arguments, you should bring supporting documents (when it comes to previous vaccinations, diseases). In addition, you need to remember about personal reasons when a person does not vaccinate for his own reasons.

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.”