What documents cannot be required from employees, but it is necessary. Who can be suspended from work due to refusal to vaccinate? What local regulatory act should be adopted so that the company’s work continues.
How to work if you have to remove most of the staff. How to fill out reports and how many times they need to be sent to officials.
Get ready to prove that the officials’ requirements have been met, and submit reports on time. Read the regulations carefully. Collect evidence that you have complied with the requirement of the decree of the chief sanitary doctor in the region - to vaccinate a certain percentage of employees. Find the exact percentage requirements in the resolution of the chief state sanitary doctor of your region.
To prove that you comply with the requirements of officials and the chief sanitary doctor for the region, you need information about the employee’s vaccination or documents that confirm that he cannot be vaccinated.
Vaccination is contraindicated for employees
Employees for whom the vaccine is contraindicated are not required to be vaccinated. Make sure that such workers have a medical certificate confirming their medical exemption. You cannot keep this document. Rospotrebnadzor will be able to independently request it as part of interdepartmental interaction from specialists of a medical organization.
By law, you do not have the right to require either a vaccination certificate or a medical report from employees. Do not request anything in writing to prevent Roskomnadzor from fining you for a personal data violation. Do not punish employees who refuse to provide you with a document.
Officials from Rostrud explained that workers who cannot get vaccinated due to contraindications do not need to be suspended from work, paragraph 8 of Rostrud’s letter No. 1811-TZ dated July 13, 2021. Even if an employee for whom vaccination is contraindicated works in one of the areas for which vaccination is mandatory, he can continue to work. If you decide to remove such an employee, you risk paying a fine of up to 50,000 rubles, part 1 of Art. 5.27 Code of Administrative Offences.
Rospotrebnadzor has not yet explained what to do with those who have contraindications. All employees who have not been vaccinated, despite the fact that vaccination has become mandatory for them, should be suspended, para. 4 hours 2 tbsp. 5 of the Law of September 17, 1998 No. 157 - Federal Law “On Immunoprophylaxis of Infectious Diseases”. There are no exceptions to the law.
How to write a vaccination refusal (forms, samples, statements)
As Mikhail Zhvanetsky absolutely accurately noted, “Russia is an eternal struggle between injustice and ignorance.” Taking advantage of our ignorance and ignorance of the laws, a school, kindergarten or any other child care institution can force our child to be vaccinated. “We won’t accept you, we won’t let you in, we won’t let you in if you don’t get vaccinated, Mantoux test, etc.”
There are still mothers who “fall for” such blackmail, because they are sincerely confident that their children may indeed “not be accepted” and “not allowed in” if any vaccinations are not given. Dear parents, know that ANY MEDICAL INTERVENTION (including vaccinations) in the health of your children is carried out ONLY ON A VOLUNTARY BEGINNING with your consent. If you DO NOT agree, no one and nothing has the right to force it.
So, below you will see several typical forms of vaccine refusal (and Mantoux tests) that you can “adopt.” Believe me, having these forms on hand, you will not only once and for all solve the problem of “intimidation” of medical personnel about not receiving vaccinations, but will also help your children avoid possible health problems associated with post-vaccination complications and support their immunity.
An official vaccination refusal form is not required - you can write it in any form.
Model application for waiver of Mantoux
Statement
I, ... (full name), refuse to perform a Mantoux test, fluorography and other anti-tuberculosis care measures on my child ... (full name).
Reasons:
“Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993 No. 5487-1, articles 32 (Consent to medical intervention) and 33 (Refusal of medical intervention);
Federal Law No. 77 “On preventing the spread of tuberculosis in the Russian Federation” (as amended on August 22, 2004) art. 7 (Providing anti-tuberculosis care to minors with the consent of their legal representatives)
Date, signature
In practice, parents who refuse Mantoux to their children often face a violation of the child’s right to education. It usually looks like this. When applying for a medical card for a kindergarten or school , or when refusing Mantoux to a child already attending an educational institution, doctors send the child to see a TB doctor or even to an anti-tuberculosis dispensary. At the same time, they threaten to prevent the child from entering the educational institution.
The best solution to the problem is not to go to a phthisiatrician, since this usually ends in a fruitless argument; the doctor will intimidate you with the disease and convince you to do Mantoux or an x-ray of the child’s lungs. They may suggest doing a Pirquet test instead of Mantoux, but this is practically the same thing, since the same substance is used - a solution of tuberculin. Moreover, a visit to a TB doctor or tuberculosis clinic may result in the registration of a healthy child, and then it will be much more difficult to refuse Mantoux and other “anti-tuberculosis” care according to the law.
You should carefully read Federal Law No. 77-FZ “ON PREVENTION OF THE SPREAD OF TUBERCULOSIS IN THE RUSSIAN FEDERATION”, according to which the Mantoux test is a type of anti-tuberculosis care that is provided to citizens upon their voluntary application or with their consent (Article 7), except in cases provided for in Articles 9 and 10 of this Federal Law (which refers to patients with tuberculosis who are registered at the dispensary). This law, as well as another Federal Law that gives the right to refuse medical intervention, “FUNDAMENTALS OF LEGISLATION OF THE RF ON THE PROTECTION OF CITIZENS’ HEALTH” No. 5487-1, should be referred to when discussing your refusal of Mantoux with doctors.
There are no legal grounds to send you to a TB doctor if you refuse Mantoux. Departmental orders of the Ministry of Health and other local organizations, to which doctors can refer in this case, if they contradict federal legislation, which is mandatory for all citizens throughout the country, are illegal and cannot be enforced.
If your arguments do not convince the doctors, and they continue to insist on their own, you should stop all conversations with them and start corresponding.
Detailed statement of refusal from Mantoux
I, ... (full name), became aware of your request to visit a phthisiatrician to obtain a certificate of health of my child ... (full name) (due to the absence of BCG and the Mantoux reaction due to the WRITTEN REFUSAL OF VACCINATION AND THE MANTOUS REACTION in the maternity hospital, clinic and kindergarten) , and if this is not done within 2 weeks, do not accept the child into kindergarten.
I would like to draw your attention to the fact that this requirement contradicts a number of norms of current legislation, including:
Art. 32 (consent to medical intervention: consent to medical intervention in relation to persons under the age of 15 years is given by their legal representatives), Art. 33 (refusal of medical intervention: a citizen or his legal representative has the right to refuse medical intervention); Art. 30.2 (patient rights: choice of a doctor, including a family and attending physician, taking into account his consent, as well as choice of a medical institution in accordance with compulsory and voluntary health insurance contracts) “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated 22.07. 1993 No. 5487-1 as amended on December 20, 1999;
Art. 5.1 (rights of citizens: citizens, when carrying out immunization, have the right to refuse preventive vaccinations); Art. 5.2 (the absence of preventive vaccinations entails a temporary refusal to admit citizens to educational and health institutions in the event of the occurrence of mass infectious diseases or the threat of epidemics); Art. 5.3 (obligation of citizens: to confirm in writing the refusal of preventive vaccinations) Federal Law “On Immunoprophylaxis of Infectious Diseases” dated September 17, 1998 No. 157-FZ.
3.st. 7.3 (anti-tuberculosis care for minors under 14 years of age is provided with the consent of their legal representatives); Art. 7.2 (anti-tuberculosis care is provided to citizens upon their voluntary request or with their consent) Federal Law “On preventing the spread of tuberculosis in the Russian Federation” dated June 18, 2001 No. 77-FZ (adopted May 24, 2001) (as amended on August 22, 2004 );
4. Art. 9.2 (preventive vaccinations for children are carried out with the consent of the parents); Art. 9.3 (refusal to undergo vaccination must be recorded in the medical documentation and signed by one of the parents of the minor citizen) Resolution of the state sanitary doctor of the Russian Federation “On the implementation of sanitary and epidemiological rules 3.1.1295-03” dated April 22, 2003 No. 62 ;
5. Art. 26 of the Universal Declaration of Human Rights and Art. 43 of the Constitution of the Russian Federation (on the right to education, including preschool);
6. Art. 5, part 1 (on the possibility of receiving education by citizens of the Russian Federation, regardless of health, age, beliefs and other factors); Article 18 (the relationship between a preschool educational institution and parents (legal representatives) is regulated by an agreement between them, which cannot limit the rights of the parties established by law); Art. 52.1 (parents of minor children, before they receive basic general education, have the right to choose forms of education, educational institutions, protect the legal rights and interests of the child, take part in the management of an educational institution) of the Law of the Russian Federation “On Education” as amended on August 22, 2004 No. 122 -FZ.
My child underwent medical examination: ENT, ophthalmologist, surgeon, orthopedist, neurologist, dentist, pediatrician, and also passed all the necessary tests: general blood test, general urinalysis, test for enterobiasis and worm eggs. My child has no symptoms of tuberculosis:
- no temperature;
- no cough;
- no ailments;
- no sweating;
- appetite is not reduced;
- weight does not decrease;
- no atypical pallor;
- lymph nodes are not enlarged;
- Blood and urine tests as of November last year were normal.
The current legislation does not provide for any consequences of refusing vaccination and performing the Mantoux test: additional examinations by specialists of unvaccinated children are not provided, and additional tests and additional procedures are not provided for.
Departmental documents that contradict federal law are illegal and cannot be enforced. In case of your disagreement, I ask you to state its rationale in writing, indicating; numbers, dates, names of normative acts, who adopted them, and also provide these documents in printed form so that I can review them and contact higher health authorities, prosecutors and courts. I ask you to resolve the issue pre-trial and inform me of the decision in writing within the time limits provided by law.
Date, signature
This statement should be written in 2 copies and go with it to the head physician of your clinic, or to the nurse of the kindergarten or school. If they do not accept under any pretext, write WITH THEM the time, date and reason why they do not accept the application. Say firmly that you are consulting a lawyer and will contact higher authorities and the prosecutor's office until you achieve full compliance with your rights. Next, go to the post office and send this application by registered mail with acknowledgment of receipt. At the same time, write a complaint to the health authorities and the prosecutor's office.
Brief instructions for drawing up complaints, claims, applications and other requests1. All claims, complaints, statements and lawsuits must be prepared in at least two copies. You must keep one copy.
2. To control the timing of the response to your appeal and evidence of its existence, you must submit it yourself or send it by registered mail with acknowledgment of receipt. In the first case, you must register it with the organization you are applying to. To do this, your copy is marked with the incoming number, registration date, organization stamp, last name, first name, patronymic, position and signature of the person who registered the document. In case of sending by mail (it is better to do this by a valuable letter with a list of documents included in the letter, similar to express mail), you send the first copy and keep a notice of the date of delivery. Be sure to make sure that the postal worker indicated the correct name of the organization and its exact address when issuing the receipt.
3. The application itself is drawn up as follows: - in the upper right corner, indicate the details of the organization (address and name) to which you are applying, the surname and initials of the manager; — then indicate who the complaint is coming from (full name, address, telephone); - deviating from what was written a few lines, write in (“CLAIM”, etc.); — then a description of the problem follows on a new line (one, maximum two pages); - then there is a list of demands you put forward; - at the end of the complaint or statement: “Based on Article 4 of the Law of the Russian Federation “On appealing to court decisions that violate the rights and freedoms of citizens,” I ask you to give an answer within a month about the measures taken to eliminate violations of my rights.”
4. Signature and date (otherwise the complaint will be considered anonymous and will not be considered).
5. Be sure to refer to laws or other regulations in the document.
The easiest way to refuse vaccinations in a clinic or kindergarten
In 2 (minimum) copies
___________________________________________________________________ Manager _________________________ _________________________ __________________
Statement
I, _____________________________________________________, declare that I refuse all preventive vaccinations (influenza, hepatitis B, tuberculosis, diphtheria, whooping cough, tetanus, polio, meningitis, hemophilus influenzae, measles, mumps, rubella) and the Mantoux test for my child ___________________________________________________. This refusal is a deliberate and balanced decision made on the basis of a detailed and comprehensive study of issues related to vaccination, personal experience, the experience of other parents and is fully consistent with the norms of current legislation, including:
1) art. 32 (on consent to medical intervention) and Art. 33 (on the right to refuse medical intervention) “Fundamentals of the legislation of the Russian Federation on protecting the health of citizens”; 2) Art. 5 (on the right to refuse vaccination) and Art. 11 (on vaccination with the consent of the parents of minors) of the Law of the Russian Federation “On Immunoprophylaxis of Infectious Diseases”.
Familiarized with the contents of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, the doctor was informed of the possible consequences of lack of vaccinations.
“____” __________ 20___ Signature of the responsible person:
________________ /_______________ _____________ / ______________
This form of refusal to vaccinate is more sophisticated and is intended for “butting”:
***************************** Refusal of vaccinations
To the head physician of the clinic (anti-tuberculosis TB dispensary) ____ city. ____________ (city) g - well (same)_________________ from ________________________
Statement
I, _________________________, residing at _____________________, declare that I refuse all preventive vaccinations (including, but not limited to: hepatitis B, tuberculosis, diphtheria, whooping cough, tetanus, polio, hemophilus influenzae, measles, mumps, rubella) and tuberculin samples for my child's full name, date of birth, until he reaches ____ years.
I draw your attention to the fact that repeated writing of refusals from the same preventive vaccinations is not provided for by current legislation, and therefore such requirements will be ignored by me in the future.* According to the definition, medical intervention is any examination, treatment and other action that has a preventive effect. , diagnostic, therapeutic, rehabilitation or research activities performed by a doctor or other medical professional in relation to a specific patient. Current legislation does not provide for any consequences for refusing to perform a Mantoux test. Departmental documents that contradict federal law are illegal and cannot be enforced. I would also like to draw your attention to the fact that the Mantoux test as a method of indirect measurement is completely untenable due to the lack of an accurate definition of the measured value, the lack of calibration and the lack of assessment of measurement error. The drug used for the Mantoux test is harmful to health because it contains phenol. A large number of false positive results lead to unnecessary visits by children to tuberculosis clinics, creating a risk of contracting tuberculosis. Bearing in mind the above, I consider the use of the Mantoux test pointless, harmful and dangerous. ** This refusal is a deliberate and balanced decision made on the basis of a detailed and comprehensive study of issues related to vaccination and medical intervention, and is fully consistent with the norms of current legislation, including:
1) art. 32 (on consent to medical intervention) and Art. 33 (on the right to refuse medical intervention) “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993 5487-1; 2) Art. 5 (on the right to refuse vaccination) and Art. 11 (on vaccination with the consent of the parents of minors) of the Federal Law of the Russian Federation “On Immunoprophylaxis of Infectious Diseases” dated September 17, 1998 157-FZ; 3). Art. 7, part 3 (on providing anti-tuberculosis care to minors only with the consent of their legal representatives) of the federal law “On preventing the spread of tuberculosis in the Russian Federation” of June 18, 2001 77-FZ.
Sincerely (full name) ________________ (date) ________________ (signature)
______________________________________________________________________________ * This paragraph is added in case of multiple requests for written refusals. ** If a waiver of vaccinations has already been written and there is no mention of Mantoux, we discard the mention of vaccinations and write an additional waiver only of tuberculin tests.
For information: The voluntariness of the Mantoux test is regulated by the Federal Law of June 18, 2001. 77-FZ “On preventing the spread of tuberculosis in the Russian Federation” and “Fundamentals of the legislation of the Russian Federation on protecting the health of citizens” dated July 22, 1993. 5487-1 (on consent to medical intervention and the right to refuse medical intervention).
****************************
To the tuberculosis dispensary. Will be needed if you refuse BCG and the Mantoux test)
To the chief physician (full name) of the Anti-tuberculosis dispensary of the city from (full name) Application
I, (full name) declare the refusal to perform the Mantoux test and other procedures related to the introduction of foreign substances or ionizing radiation into the body of my child. Full name. Grounds: 1) Art. 7, part 3 of the Law “On preventing the spread of tuberculosis in the Russian Federation” (on providing anti-tuberculosis care to minors only with the consent of their legal representatives); 2) Art. 26 of the Universal Declaration of Human Rights and Art. 43 of the Constitution of the Russian Federation (on the right to education, including preschool); 3) Art. 32 (on consent to medical intervention) and Art. 33 (on the right to refuse medical intervention) “Fundamentals of the legislation of the Russian Federation on protecting the health of citizens”; 4) Art. 5, Part 1 of the Law of the Russian Federation on Education (on the possibility of receiving education by citizens of the Russian Federation, regardless of health status, beliefs and other factors); 5) clause 11 of part 1 of the European Social Charter (on the right of every person to use any measures that allow him to ensure the highest attainable level of health).
Current legislation does not provide for any consequences for refusing to perform a Mantoux test. Departmental documents that contradict federal law are illegal and cannot be enforced. The voluntariness of the Mantoux test is regulated by Federal Law No. 77-FZ of June 18, 2001 “On preventing the spread of tuberculosis in the Russian Federation.” I also draw your attention to the fact that the drug used for the Mantoux test is harmful to health, as it contains phenol. A large number of false positive results lead to unnecessary visits by children to tuberculosis clinics, creating a risk of contracting tuberculosis. Bearing in mind the above, I consider the use of the Mantoux test pointless, harmful and dangerous. I ask you to provide my child with all the documentation necessary for admission to kindergarten unconditionally, without requiring the Mantoux test or other procedures described above. In case of your refusal, I ask you to state its rationale in writing, after which it will be sent to the Health Department and the prosecutor's office to take measures to suppress illegal actions. I hope that this will not be necessary. Sincerely (full name) Date Signature
Application for refusal of admission to kindergarten (school)
**************************************
To the head of the kindergarten (school director) ____. ____________________ (city) g - well (same)__________________________ from ________________________________
Statement
I, Full Name, declare that I refuse all preventive vaccinations and the Mantoux test for my child, Full Name.
I draw your attention to the fact that I have the right to this refusal according to a number of provisions of the current legislation, including: 1) Art. 5 (on the right to refuse vaccination) and Art. 11 (on vaccination with the consent of the parents of minors) of the Law of the Russian Federation “On Immunoprophylaxis of Infectious Diseases” 2) Art. 32 (on consent to medical intervention) and Art. 33 (on the right to refuse medical intervention) “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” 3) Art. 26 of the Universal Declaration of Human Rights and Art. 43 of the Constitution of the Russian Federation (on the right to education, including preschool); 4) Art. 7, part 3 of the Law “On preventing the spread of tuberculosis in the Russian Federation” (on providing anti-tuberculosis care to minors only with the consent of their legal representatives), 5) Art. 5, Part 1 of the Law of the Russian Federation on Education (on the possibility of receiving education by citizens of the Russian Federation, regardless of health status, beliefs and other factors); as well as clause 11 of part 1 of the European Social Charter (on the right of every person to use any measures that allow him to ensure the highest attainable level of health).
Departmental documents that contradict federal law are illegal and cannot be enforced. The voluntariness of the Mantoux test is regulated by Federal Law No. 77-FZ of June 18, 2001 “On preventing the spread of tuberculosis in the Russian Federation.” I ask you to accept my child into kindergarten unconditionally without requiring a Mantoux test or other procedures related to the introduction of foreign substances or ionizing radiation into the body. In case of your refusal, I ask you to state the reasons for it in writing. Sincerely (full name)
________________ (date) ________________ (signature)
What to do in the authorities if you decide not to vaccinate your child
Despite the fact that according to the law you have every right to do this, not all medical authorities will approve and accept your position. They refuse to sign cards at the clinic, they refuse to take them to kindergarten, intimidating them with some order 109 and other departmental documents, according to which children (in circumvention of federal law) allegedly MUST be vaccinated. In order to avoid fatal mistakes and unnecessary hassle, it is necessary to provide for everything in advance. Doctors say a lot of things, one worse than the other. Is it worth arguing? Convince, prove? It is unlikely that doctors from the clinic or maternity hospital will listen. They don't need it - they have a plan for "outreach". If they don’t fulfill it enough, doctors get hit with a punch, and they also get money from our taxes for every vaccination. So they will scare you with anything and everything they want, just to drive you into the vaccination office. The first thing you need to remember is no oral language, everything needs to be documented. Second, do not give in to provocations and do not enter into useless disputes. Make it clear that the decision was made by those people who are truly responsible for YOUR child, namely YOUR family. Everyone else is allowed to give advice if asked.
Refusal of vaccinations at school, refusal of vaccinations in kindergarten. The procedure for refusing vaccination is approximately the same in all instances. If services are refused or your rights are violated, you file a claim addressed to the head of the institution (clinic, kindergarten, school), and within a month from the date of receipt of the claim you must be given an official response. If there is no answer or it does not satisfy you, you have the right to send applications with a complaint about the actions of specific individuals to higher authorities (for a kindergarten, school, the Education Committee, the Ministry of Education, for a clinic, the Health Committee, the Ministry of Health) and/or to the prosecutor's office.
Refusal of vaccinations in the maternity hospital . You are on the eve of the happy event of the birth of a child. To the maternity hospital, along with other necessary documents, you need to take with you two completed forms refusing vaccination. Do not expect that the maternity hospital staff will subsequently ask for your permission to carry out this procedure.
Clinic. The next stage is registration at the clinic. Again, one copy of the refusal to vaccinate your child is pasted onto the card, the second remains in your hands. In the refusal, indicate the time interval; this will help save time and paper, since in some clinics the medical staff unreasonably requires that refusals be written every year.
“Ultimate” form of refusal from vaccinations and any other medical care. interventions without parental consent, with an emphasis on Mantoux:
****************************
I, ___________, being the mother and legal representative of ____________, _____ year of birth, refuse until my child reaches the age of 15 (fifteen) years: 1) from providing my child with anti-tuberculosis care, including, in accordance with the Federal Law “On Preventing the Spread of Tuberculosis in the Russian Federation” Federation (as amended on August 22, 2004)" dated June 18, 2001 N 77-FZ: Chapter 1, Article 1: "a set of social, medical, sanitary-hygienic and anti-epidemic measures aimed at identifying, examining and treating , including mandatory examination and treatment, dispensary observation and rehabilitation of patients with tuberculosis" on the basis that, according to
Ch. 3 Article 7: Clause 1. “The provision of anti-tuberculosis care to patients with tuberculosis is guaranteed by the state and is carried out on the basis of the principles of legality, respect for human and civil rights,” Clause 2. “Anti-tuberculosis care is provided to citizens upon their voluntary application or with their consent, except in cases provided for in Articles 9 and 10 of this Federal Law and other federal laws" Clause 3. "Anti-tuberculosis care for minors under the age of fourteen, as well as citizens recognized as legally incompetent, is provided with the consent of their legal representatives, with the exception of cases provided for in articles 9 and 10 of this Federal Law and other federal laws"
Dispensary observation, in accordance with Article 9, mandatory examination and treatment, in accordance with Article 10, applies to patients with tuberculosis, that is, to people diagnosed with an active form of tuberculosis, in accordance with Chapter 1 of Art. 1 “signs of the activity of the process are established as a result of clinical, laboratory, and x-ray studies.”
Mandatory examination cannot be applied to my child, since according to the Order of the Ministry of Health of the Russian Federation “On IMPROVING ANTI-TUBERCULOSIS MEASURES IN THE RUSSIAN FEDERATION” 109 dated March 21, 2003, Appendix 2: 1. The main clinical forms of tuberculosis are accompanied by symptoms of tuberculosis intoxication. 2. The diagnosis of tuberculosis intoxication is established on the basis of tuberculin diagnostic data, clinical signs of the disease, etc. 3. Tuberculosis intoxication is characterized by the activity of tuberculosis infection and is accompanied by a deterioration in the general condition of the child (adolescent). 4. The specificity of the described functional disorders must be confirmed by a thorough examination of the child. 5. The diagnosis of tuberculosis intoxication is established only after examination in a specialized anti-tuberculosis institution. If a child does not have clinical signs of tuberculosis intoxication, the doctor cannot suspect he has tuberculosis, and, therefore, require mandatory examination.
2) from any medical intervention and medical care, with the exception of cases of injury, the need for emergency emergency care, as well as my request for medical help in accordance with Article 32 (the right to informed voluntary consent to medical intervention), Article 33 (the right to refuse medical intervention) and Article 34 (providing medical care without the consent of citizens) “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993 5487-1.
According to the law, “medical intervention is any examination, treatment and other action that has a preventive, diagnostic, therapeutic, rehabilitation or research focus, performed by a doctor or other medical professional in relation to a specific patient” (the definition is given in the methodological recommendations of the Federal Compulsory Medical Insurance Fund “Providing the rights of citizens to maintain the confidentiality of information about the fact of seeking medical help and related information, informed voluntary consent to medical intervention and refusal of it" dated October 27, 1999 [Attachment to letter dated October 29, 1999 5470/30-3/i] .- P. 2).
A decision on medical intervention without consent can only be made by a council that accepts the relevant documents, and if it is impossible to assemble a council, the attending (duty) doctor directly, provided that there are no legal representatives. (Article 32 “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens”). “The provision of medical care (medical examination, hospitalization, observation and isolation) without the consent of citizens or their legal representatives is permitted in relation to persons suffering from diseases that pose a danger to others, persons suffering from severe mental disorders, or persons who have committed socially dangerous acts, on the grounds and in the manner established by the legislation of the Russian Federation” (Article 34 “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens”).
My child does not fall into any of these categories of citizens. Departmental documents that contradict federal law are illegal and cannot be enforced. Order 109 is a departmental document. Refusal to perform a Mantoux test or fluorography does not entail any legal consequences in accordance with the current legislation of the Russian Federation, therefore, I will ignore the requirements for additional collection of certificates and tests, recommendations of a phthisiatrician and the SES, as well as other documents, as illegal.
Thus, I would like to draw your attention to the fact that in the Russian Federation there are no mandatory medical procedures, etc., and medical care is provided exclusively on a voluntary basis, which must be confirmed by duly executed consent. In accordance with the above, I ask that any demands for vaccinations and bioassays, collection of tests, including fluorography, and visits to medical specialists be justified in writing, accompanied by the name and date of the relevant document. I draw your attention to the fact that repeated writing of refusals of the same content is not provided for by current legislation, and therefore such requirements will be ignored by me. I also ask that the medical worker serving the school (preschool institution) _____ be familiarized with this document, with an explanation of its legality. If my child is refused to attend school without a Mantoux test, fluorography or without visiting a phthisiatrician, as well as any other requirements for medical intervention or medical assistance, I ask you to provide the rationale for the refusal in writing.
I draw your attention to the fact that this document will be checked by me with the help of a lawyer for compliance with the legislation of the Russian Federation, and, in case of violations, can be sent to the relevant authorities and organizations to take measures to suppress illegal actions in the manner prescribed by law (according to Chapter 6 , Article 17. Federal Law “On Preventing the Spread of Tuberculosis in the Russian Federation” dated June 18, 2001 N 77-FZ: “actions and decisions of medical workers and other workers involved in the provision of anti-tuberculosis care that violate the rights of citizens when providing them with anti-tuberculosis care , can be appealed to the relevant executive authorities in the field of healthcare"), and also published on the Internet. I hope that this will not be necessary.
Taken from here: https://www.privivkam.net/iv/viewtopic.php?p=23789#23789
Reporting
Don't forget about reports. Whether you need to fill out a report or not, see the decree of the chief sanitary doctor or the act of the head of your region.
We wrote about how to fill out a report on vaccinated employees here
The first report - with information about vaccination of employees with a single-component vaccine and vaccination with the first component - had to be submitted by July 15. Due to the fact that many did not manage to do this on time, the deadline was extended until July 22. The second is about vaccination of employees with the second component - until August 15 inclusive.
Can bonuses be deprived for refusing vaccination?
As for the deprivation of a bonus for refusing vaccination, the issue of payment depends on how regular it was before.
Any regular bonuses are paid in accordance with the employer’s local regulations and, as a rule, are tied to the employee’s achievement of certain indicators. These same local acts also contain a list of circumstances under which an employee is deprived of a regular bonus. In this case, deprivation of the bonus is accompanied by the issuance of an order indicating the reasons.
In practice, no one includes vaccination in such a list. If an employer’s order is issued indicating refusal of vaccination as the reason for deprivation of a regular bonus, this can be challenged in the State Labor Inspectorate.
With irregular bonuses (for a certain holiday, etc.) the situation is different - the payment of such a bonus is the good will of the employer. In this case, he may not award such a bonus to the employee who refused vaccination, and this will not be a violation of the Labor Code of the Russian Federation.
Period of suspension
First, let's focus on the terms of suspension:
The start date of the suspension depends on the timing of vaccination, which is specified in the Resolution of the Chief Sanitary Doctor of the region . An employee can be suspended from work only after the end of the period that was provided for the completion of the second component of the vaccine[14].
It is impossible to determine the end date of a suspension in advance, so the end of the period must be indicated by an event. Officials propose suspension “for a period of epidemiological troubles.” But how can an employer know exactly when this period will end? The event must be clearly recorded.
It is logical to assume that the end of this period will be fixed by another Resolution of the Chief Sanitary Doctor of the region. Therefore, the end date for the suspension period can be specified: “until the Chief State Sanitary Doctor of the Murmansk Region issues a resolution on the end of the period of epidemic trouble in the region.”
But if an employee does get vaccinated during the period of his suspension and brings the appropriate certificate to the employer, we believe it would be wrong to deprive him of the opportunity to start work until the end of the period of epidemiological troubles. Therefore, one more event can be specified as the expiration date of the suspension: “until the employee provides a vaccination certificate or a document confirming the presence of contraindications to vaccination.”
Can disciplinary action be taken against an employee for refusing vaccination?
According to Art. 192 of the Labor Code of the Russian Federation, disciplinary sanctions include:
- comment;
- rebuke;
- dismissal.
Dismissal for refusing vaccination is illegal, as we noted above.
As for reprimands and reprimands, they are applied only for failure to fulfill or dishonest performance of labor duties.
Vaccination falls within the scope of the law “On the Fundamentals of Health Protection...”. Therefore, the imposition of a penalty due to refusal to vaccinate can also be challenged.
Similarly, the use of various “fines” is illegal. Any third-party deductions from earnings are made either at the request of the employee or on the basis of a writ of execution. The employer has no right to simply underpay part of the salary by withholding a “fine”.
ConsultantPlus experts explained how employers can carry out mandatory vaccinations for employees. Get a free trial of K+ and follow the instructions.
Results
Employers do not have the right to fine employees for refusing vaccination. It is also illegal to apply disciplinary sanctions and especially dismissal. Deprivation of a bonus depends on the type of payment: if the bonus is regular and tied to the achievement of certain indicators, then the employer also does not have the right to deprive an employee of a bonus for refusing vaccination. Employees should appeal all such actions of employers to the State Labor Inspectorate or in court.
Find out more about the reasons and conditions for termination of employment contracts in our “Dismissal” section.
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