The question of the possibility of dismissal on the basis of refusing preventive vaccination sounds both in the media and blogs. We decided to check whether this is really possible.

In particular, education sector employees directed A similar request to the Ministry of Labor, and healthcare workers Reportedthat in case of refusal to vaccinate, they are asked to write an application for dismissal of their own free will.

Vaccination is divided into preventive in the calendar and epidemiological in terms of indications. To the first group in Russia refers 12 vaccines: from hepatitis B, diphtheria, pertussis, measles, rubella, polio, tetanus, tuberculosis, epidemic mumps, hemophilic infection, pneumococcal infection and influenza. TO epidemiological Vaccinations from tick -borne encephalitis, tularemia, plague, anthrax, rabies, cholera and several other diseases. The same group now includes vaccination from coronavirus.

And although vaccination is in our country voluntarythat is, parents can refuse to instill their minor child and an adult can abandon any vaccinations, there are areas of activity that will not allow work in which they will not allow work without all necessary vaccinations. List of such works installed Legislatively also includes agricultural work in epidemically dysfunctional territories, work with animals (animal husbandry, mocking homeless and slaughter of patients), work with sick infectious diseases, with blood and biological fluids, as well as employment in the field of education. The Federal Law “On Immunoprophylaxis of Infectious Diseases” provides for the opportunity for the employer to refuse to hire or remove from work without saving the wages of an already hired employee from posts related to the aforementioned list in the absence of vaccination. Further rejection of vaccination, if this is a condition of admission to work, Maybe be considered a disciplinary misconduct and To lead A remark or reprimand. Two reprimands, according to Labor Code, give the employer the right to dismiss an employee for repeated failure to fulfill duties in the presence of a disciplinary sanction. Thus, you can completely legally dismiss, for example, a teacher or laboratory assistant in case of refusal of vaccination or revaccination against measles or diphtheria. 

In the law listed Categories of citizens for which vaccinations included in the calendar of preventive vaccinations according to epidemic indications are required. The list of such categories for coronavirus is as wide as possible: the priority of the first level indicates the employees of the field of education and healthcare, as well as social services and workers of the MFC. The second and third group also contains a fairly wide list of specialties: police, customs officers, civil servants, military personnel, watchmen, etc. However, this list is valid Starts Only after the decree of the main state sanitary doctors of the regions and their deputies in the event of a deterioration in the epidemiological system. Thus, the entire legal base for the removal or dismissal of employees of some areas in case of refusal of vaccination has been prepared.

The first legislative attempt to make a vaccination of mandatory was made in Yakutia. May 19, the chief sanitary doctor of the region Margarita Ignatieva Issued The resolution, according to which at least 70% of the adult population of the republic should be vaccinated, including “people over 60, persons with chronic diseases, health workers, employees of the education and social sphere, employees engaged in industry, energy, construction and housing and communal services, law enforcement officers”. However, after a wave of discussion in social networks, the word "mandatory" in the resolution Changed On "massive". 

Also a little more than a month ago, a bill was introduced to the State Duma, amending the Federal Law "On the Immunoprophylaxis of Infectious Diseases" - deputies Offer Transfer vaccination from coronavirus from the calendar of preventive vaccinations according to epidemic indications to the National Calendar of Preventive Vaccinations. If the initiative is adopted, the employees of this list will be required to vaccine from the Covid-19 for admission to work. Also the Ministry of Health now considers The possibility of refusing preventive vaccinations for those employees of these areas who will work remotely during the epidemic. However, today this is not enshrined in law. 

The current position of the Russian Federation regarding vaccination coincides with the point of view of many countries in which coronavirus vaccination is also voluntary. However, there are exceptions. In particular, the Vatican was Accepted The decree on which an employee, who refused to vaccinate against coronavirus, will be subjected to various sanctions up to the “breakdown of labor relations”. The legislation of many US states also Provides The possibility of dismissal of the employee due to the refusal of vaccination. However, judicial precedents have not yet appeared. Employers in Israel also faced a difficult situation: they cannot yet dismiss an employee who refused to undergo vaccination, however Risk To appear before the court, if an unuscinated employee infects his colleagues in the workplace.

Today in Russia it is not known about any case of dismissal for refusing vaccination against coronavirus, but in the world a similar precedent Already there. In Germany, the director of the patronage service was vaccinated himself and gave his employees two days to make a decision on vaccination. He eventually fired the refusal, motivating this by doing this to protect the wards. One of the employees reported that she was going to sue the employer, but there was no further news in the press about this.

Thus, today in Russia it is possible to legally dismiss employees of certain enterprises for refusing to vaccinate according to the national vaccination calendar. However, coronavirus has not yet been included in it. At the same time, the decisions of the regional authorities can be vaccinated necessary to continue labor at any time with a worsening epidemiological situation.

Update dated June 25, 2021: June 16 Rospotrebnadzor Published The document, the day before signed by the chief sanitary doctor of Moscow Elena Andreeva, "On the conduct of preventive vaccinations to individual groups of citizens according to epidemic indications." According to it, it is necessary to ensure vaccination from Covid-19 at least 60% of employees of the spheres of trade, the provision of services, catering, the MFC, education, healthcare and other industries listed in the document. Similar supplies after Moscow Issued The chief sanitary doctor in the Moscow region Olga Mikailova. Later the initiative Supported Another 46 regions.

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Read on the topic:

1. A. Paevsky, A. Horozhaya “Here is the cholera! The history of diseases from syphilis to leprosy "
2. Paul Offit "Deadly dangerous choice. Than the fight against vaccinations threatens us all ”(fragment)
3. "Chop or not to prick: why are vaccinations and when to do them"