Compulsory vaccination against coronavirus: where was it introduced, is it possible to refuse and what threatens anti-vaccines

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

There are questions about the procedure, but it will not be easy to defend your rights.

Compulsory coronavirus vaccination - is it generally legal?

In short, yes. But we must understand that mandatory and mandatory are not the same thing, no matter how paradoxical it may sound. They can prescribe to be vaccinated, but they will not inject it by force.

In general, the phrase "mandatory vaccination" did not appear in connection with the coronavirus. The national immunization schedule provides for mandatory vaccinations, for example, against viral hepatitis B and tetanus. And this requirement is always valid.

The coronavirus vaccine is on a different calendar. It contains vaccines that are not administered in "peacetime". But they can be made mandatory if there is a threat of the spread of the corresponding disease. The decision on this is made by the chief sanitary doctor of Russia or a separate region. The latter is happening now.

Evgeny Ivanov Lawyer of the Group of Companies "European Legal Service".

The chief state sanitary doctors of the regions and their deputies are endowed with serious powers. In particular, they can make motivated decisions on the preventive vaccination of citizens or their individual groups.

The vaccination calendar lists people who need to be protected from the disease as a priority. These are, for example, citizens from the risk group, in whom COVID-19 is severe and with consequences: people over 60 years of age and with chronic diseases.

Employees of medical, educational institutions, social service organizations and multifunctional centers, residents of cities with a population of more than 1 million people, as well as citizens who, on duty, have a lot of contact with other people, should also receive vaccinations. For example, workers in the service industry.

At the same time, local authorities can change the priority levels on their own and decide who they want to see vaccinated.

But what about the protection of human rights?

In Poland, they tried to oppose compulsory vaccination. It was about vaccinations for a child in accordance with the national calendar. The European Court of Human Rights did not consider compulsory vaccination to be a violation of these very rights. And this is the highest authority in such matters. In a pandemic, it is even more likely that the end justifies the means.

What happens if you refuse vaccination?

Citizens have the right to refuse preventive vaccinations. This possibility is explicitly stated in the law.

No one will run after you with a syringe (at least not yet), strap you to a gurney and forcefully inject the vaccine. But, refusing to be vaccinated, you need to be prepared for the consequences.

The state has different levers for motivation. For example, you can:

• prohibit unvaccinated people from traveling abroad if vaccination is needed in the country of destination;
• temporarily refuse admission to educational and health institutions;
• Suspend from work if it is associated with a high risk of infection.

To further spur citizens, the authorities are using other measures. For example, in Moscow, restaurants will only be able to be visited by people with vaccinations, a negative test for coronavirus, or those who have been ill in the last six months. Some are outraged and write something like "Everything is clear, the virus, it turns out, spreads in restaurants, not in the subway." But the logic of the authorities is obviously different. The new measures are not intended to stop the spread of the disease by limiting contact. We are simply deprived of our pleasures to motivate us to get vaccinated.

Many consider such restrictions to be discrimination. And the authorities have already said: yes, this is discrimination against the unvaccinated, and it is inevitable. Moreover, this is the position taken by the majority of citizens: 56% of Russians surveyed by VTsIOM supported compulsory vaccination.

What does it mean to "remove from work"? Will I be fired or put on vacation?

Evgeny Ivanov

The employer has no right to directly dismiss an employee for refusing to vaccinate. He is only obliged to remove the person who refused to be vaccinated from work without pay. But he can demand an explanation from the employee indicating the reasons for which he does not get vaccinated. The explanatory note must be submitted within two business days.

If the reasons seem unsatisfactory to the employer (and they will be exactly like that in a pandemic), the head of the company can draw up an act and bring the employee to disciplinary action.

Two disciplinary actions allow an employee to be fired. Courts support such actions by employers.

The types of activities that can be excluded are collected in a government decree. There is a rather limited and very specific list of professions. Employees of health care and educational institutions are included in it. And bus drivers, dry cleaning employees and other citizens from those who are also prescribed to be vaccinated do not appear there.

It would seem that those who are not on the list need not be vaccinated and wait. But it was not there. Citizens cannot be forced to vaccinate. But the employer, for the fact that he has unvaccinated employees, will easily be fined up to 500 thousand rubles (and in case of harm to someone's health - up to 1 million) or suspend the activities of the organization for 90 days. Therefore, management will be more than motivated to ensure that employees are vaccinated. Methods are usually available.

And if there are contraindications?

According to the law, vaccinations are, in principle, given to people who do not have medical contraindications for this. So there should be no sanctions.

However, a representative of Rostrud, answering a question in the online reception service, noted: "The medical document on the withdrawal from vaccinations does not prevent suspension from work, since the employee continues to remain a danger to others." From the point of view of the law, the measure is controversial. And this may be why this answer is no longer available on the site. But the cache remembers everything.

Practice will show how everything will actually happen. But such a suspension from work is definitely worth trying to challenge through the State Labor Inspectorate and the court.

Where was the mandatory vaccination against coronavirus introduced and who does it concern?

Normative acts that oblige to vaccinate are issued in each region separately, therefore the conditions are different.

Moscow

In the capital, it is prescribed to vaccinate 60% of service workers. And this applies not only to full-time employees, but also to everyone else.

The requirement affects enterprises operating in the following areas:

• Trade.
• Services related to beauty and health: beauty salons, spas and so on.
• Household services.
• Financial and postal services.
• Transportation of people.
• State and municipal services.
• Education, healthcare, social protection.
• Culture and sports.

The first component or single-component vaccine of the specified 60% should be received by July 15, the second - by August 15.

Moscow region

In the field, the requirements for compulsory vaccination are the same as in Moscow. At least 60% of service workers must be vaccinated. The terms are similar.

St. Petersburg

In St. Petersburg, the heads of government bodies, state institutions and unitary enterprises are ordered to ensure that at least 65% of their subordinates have antibodies to coronavirus until August 15.

Leningrad region

In the Leningrad Region, they demand that at least 80% of employees of state institutions and private enterprises, in which close communication with people are expected, be vaccinated by September 1. These are primarily organizations that provide various kinds of services. The list is close to the Moscow one.

Kaliningrad region

Until August 20, at least 60% of employees of service sector organizations must be vaccinated. The categories are roughly the same as in Moscow. But the employees of hotels, boarding houses and other places for temporary residence are also mentioned separately.

Krasnodar region

They did not reinvent the wheel here and followed the path of Moscow. Unless the terms have been slightly shifted, since the decree was issued later. 60% of service workers are required to be vaccinated by 23 August.

Kemerovo region

By August 18, at least 60% of employees of educational and healthcare organizations, social services, as well as multifunctional centers should be vaccinated here.

Nizhny Novgorod Region

It is necessary that 60% of service workers have been vaccinated by 25 August.

Sakhalin Region

60% of workers in the service sector, like in Moscow, must be vaccinated by August 20.

Tver region

Everything is like in the capital, only the terms are different. 60% of service workers should receive the first component of the vaccine by 18 July, the second by 18 August.

Tula region

The requirements are similar to those in Moscow. By August 15, 60% of service workers should be vaccinated.

Where do they promise to introduce vaccinations?

There are regions in which they promise to introduce compulsory vaccination, but so far no regulations have been issued on this matter. It:

• Murmansk region;
• Nenets Autonomous Okrug;
• Sverdlovsk region.