Edward Lonsa
Member
Below is translation of official answer to employers who asked the government what to do with their employees. Right now all over Moscow, people are being fired over the vaccine. In Moscow Public Clinic №3 30 medical cardiologists were fired and patients are now left to die with no medical help. People loose small business all over the city. Economy is being ruined and businessmen are going bankrupt. Mass unemployment and economical collapse will end the free trade and help the state to enforce new planned economy and GULAG system for which the laws are already present. Some years ago we got a law that resurrect the GULAG and concentration camps system.
I remind that before that Moscow faced mandatory vaccination of 60% of staff of 99% working spheres: 100% trade, education, medicine, restaurant business, transport, sports, entertainment, public sphere, and most other services. And it led to mass firings and extreme economic costs.
Here is where you can download the order of main doctor of Moscow:
http://77.rospotrebnadzor.ru/index.php/press-centr/186-press-centr/9564-postanovlenie-glavnogo-gosudarstvennogo-sanitarnogo-vracha-po-gorodu-moskve-e-e-andreevoj-ot-15-iyunya-2021-goda-1-o-provedenii-profilakticheskikh-privivok-otdelnym-gruppam-grazhdan-po-epidemicheskim-pokazatelyam
PDF http://77.rospotrebnadzor.ru/images/Postanovlenie_Andreevoy1506.PDF
Where you can read online https://www.advokat-kk.ru/2021/06/vaktsinatsiya-ot-koronavirusa.html
Extremely important detail of this is the you do not need to work as actual trade manager, singer, doctor or teacher to be fired over this. Even if you are a program developer, IT specialist or accountant, who work from home and never see even your own colleges let alone clients, the mere fact that you work in this company gives your government legal right to force your employer to fire you over vaccination.
Facing the possibility of new "1928 depression" desperate businessmen and employers asked their government what to do. Here is the answer.
24 Jun. 2021 г.
Moscow Operative Headquarters and RPN answered the main questions of employers on mandatory vaccination of 60% of staff
In connection with questions from employers on mandatory vaccination of 60% of employees in institutions determined by the Decree of the Chief State Sanitary Doctor of Moscow, the Moscow Operational Staff and the Head of the Department of Rospotrebnadzor for Moscow give explanations.
1. Is an employer obligated to organize vaccination against COVID-19 for employees included in the list of areas approved by the Decree?
Yes. By virtue of the requirements of federal law, heads of organizations and individual entrepreneurs (hereinafter referred to as "employers") shall be obligated to vaccinate their employees and workers against COVID-19 within the period of time established by the Chief State Sanitary Inspector for Moscow.
In accordance with clause 6 part. 1 of Art. 51 of Federal Law of 30.03.1999 № 52-FZ "On the sanitary and epidemiological welfare of the population" (hereinafter - Federal Law № 52-FZ), Art. 10 of Federal Law of 17.09.1998 № 157-FZ "On immuno-prevention of infectious diseases" (hereinafter - Law № 157-FZ), paragraph 18.3 SP 3.1/3.2.3 146-13 "General requirements for prevention of infectious and parasitic diseases", order of the Russian Health Ministry of 21.03. 2014 № 125n "On approval of the national calendar of preventive vaccinations and calendar of preventive vaccinations on epidemic indications" (registered with the Russian Ministry of Justice on 25.04.2014 N 32115) the Chief State Sanitary Doctor of Moscow adopted a resolution from 15.06.2021 № 1, providing for mandatory vaccination of certain population groups on epidemic indications.
By virtue of Art. 10, Art. 11 of Federal Law № 52-FZ citizens, as well as employers must comply with the requirements of sanitary legislation, as well as regulations, orders executing federal state sanitary and epidemiological surveillance officials.
At the same time employers are obliged to carry out sanitary and anti-epidemic (preventive) measures. Such measures include preventive vaccinations performed for the purpose of prevention of origination and spreading of infectious diseases (clauses 2 of Article 25, clauses 1 and 3 of Article 29, Article 35 of Federal Law № 52-FZ).
The prevention of infectious diseases is performed by employers, in particular, by implementing an immuno-prevention program for infectious diseases in accordance with the national calendar of preventive vaccinations, which are available to all citizens and are free (part 1 article 30 of the Federal Law of 21.11.2011 № 323-FZ "On the basis of health protection of citizens in the Russian Federation (hereinafter referred to as Law No. 323-FZ), Clause 2, Article 4 of Law No. 157-FZ). COVID-19 vaccinations are included in the national calendar of prophylactic vaccinations, approved by Order of the Ministry of Health of Russia No. 125n of 21.03.2014 (hereinafter - NC).
Also, according to part 1 of Article 209, Article 212 of the Labor Code of the Russian Federation (hereinafter - LC RF), the employer must ensure safe working conditions and labor protection for employees, including by conducting sanitary-epidemiological (preventive) measures, i.e. organizational, administrative, medical, sanitary and other measures aimed at preventing the emergence and spread of infectious diseases and their elimination.
2. The decree specifies a figure of 60% vaccinated of the total number of employees. Who does it mean - only the vaccinated? Or does the 60% also include those who have a medical exemption from vaccination and have previously had COVID-19 with antibodies?
The 60% includes only workers (employees) who have been vaccinated. They can be vaccinated with any registered vaccine.
The remaining 40% include those with temporary medical exemptions, those who have had the coronavirus, and others at the discretion of the organizations themselves. For example, people who, for whatever reason, have not yet decided for themselves to get reliable protection. These groups of workers have less reason to hope for immunity.
If a company has regional divisions, how will the total number of employees to be vaccinated be counted? On the total number of employees of all company subdivisions or only on the number of employees of subdivisions located in Moscow?
To calculate the total number of employees in the part of 60% of obligatory vaccinations, only the number of employees working in Moscow is taken into account.
4. Are employees working remotely (remotely) and self-employed contracted employees included in the total headcount when determining the percentage of vaccinated employees?
Yes.
5. On the basis of what requirements will the sphere of activity of a legal entity be classified as listed in paragraph 1 of the decree, in particular - trade (OKVED / OKONKh, other criteria)?
The decree defines the category of persons who have a high level of epidemiological contacts and are involved in the chain of virus transmission in their sphere of activity. The sphere of trade includes not only retail trade (on-site sale of goods to the retail consumer-citizen), but also wholesale and distance trade. It doesn't provide for visiting of public places by citizens, but nevertheless it presupposes direct contact with a final consumer at the moment of goods receipt.
Under the public transport specified in section 1 of the decree means exclusively public transport and cabs (passenger transport), which provides for the contact of employees with citizens-passengers.
6. Who is subject to medical exemption, i.e. which employees are not subject to compulsory vaccination.
The list of diseases and conditions for medical exemption from vaccination against COVID-19 is short. Doctors recommend temporarily postponing vaccination for acute infectious diseases, exacerbation of serious chronic diseases, life-threatening and urgent conditions. As a rule, in such a condition, people are on sick leave or even hospitalized and are unlikely to continue working. Grounds for medical withdrawal are also pregnancy and a coronavirus infection less than 6 months ago. Such workers are not subject to compulsory vaccination.
The list of medical contraindications for vaccination does not include antibodies. In addition, there is currently no unified method for measuring the level of antibodies sufficient to make a person immune, nor is there a system for assessing the effectiveness and speed of adaptation of antibodies to mutant strains of the virus.
7. Is it necessary to submit the medical clearance certificate to the Government of Moscow, Rospotrebnadzor?
No, you do not need the certificate for the inspections. We carry out automatic reconciliation of data on vaccinated employees with EMIAS and the state information system of the Ministry of Health of Russia (the Unified country register of vaccinated) and check fulfillment of the indicator of 60%. Information about medical exemptions, past illness and other reasons for refusal to vaccinate is rather useful for the employer himself, to understand the level of protection of his team and clients. Such employees belong to the remaining 40%.
8. What antibody titers to coronavirus equate to vaccination?
When assessing an employer's compliance with the Ordinance, none. Currently available in the city (city and private laboratories) test systems doing ELISA have different units of change and are not comparable in terms of their results. Therefore, it is incorrect to focus on the results of ELISA testing at the moment.
From the experts' point of view, a high immunoglobulin G level is not a contraindication for vaccination.
9. How can vaccine selection and coronavirus vaccination be organized with a field visit and a dedicated physician to control side effects (moral and physical support line)?
The choice of vaccine is primarily determined by medical necessity. The question of travel for centralized vaccination of employees should be decided individually with medical organizations of any form of ownership, carrying out this type of activity.
Municipal medical institutions currently do not provide field vaccination, but federal and private medical institutions provide such services.
In Moscow the widest vaccination opportunities are provided. There are 100 vaccination points on the basis of municipal polyclinics, "Healthy Moscow" pavilions are reoriented exclusively for vaccination and work until the last visitor, there are mobile vaccination teams in shopping centers and popular public spaces. It is possible to get a vaccination by appointment or without an appointment on a waiting list. In addition, the city has donated the vaccine to private health care providers, 116 of which also provide vaccinations.
10. Is it compulsory to undergo an antibody test with a titer before vaccination? What tests do I need to undergo to make sure there are no contraindications to the vaccine?
Antibody testing prior to COVID-19 vaccination is not recommended and is not required, nor is it required prior to other vaccinations. Your health care provider performs a standard physical examination prior to vaccination, and no special examinations are required.
11. What grounds are stipulated by the legislation for disqualifying an employee from work if he refuses to receive preventive vaccination against COVID-19
Article 76 of the RF Labor Code stipulates that in cases stipulated by federal laws and other normative legal acts of the Russian Federation, the employer must suspend an employee from work.
In accordance with clause 6 part. Article 51 § 1 of Federal Law No. 52-FZ on the threat of the emergence and spread of infectious diseases that are dangerous to the public, which include COVID-19, the chief state sanitary doctor of the subject of the Russian Federation shall issue a decree on preventive vaccination on epidemic indications, which determines certain groups of citizens, and areas of services (list of works) with high risk of infectious diseases in an unfavorable epidemiological situation.
Other federal laws, acts of the Government of the Russian Federation (Federal Law No. 157 of 17.09.1998 "On Immunoprophylaxis of Infectious Diseases", the List of works the performance of which is connected with a high risk of infectious diseases and demands obligatory preventive vaccination, approved by the Government of the Russian Federation of 15.07.1999 No. 825, MK) are not applied here. The requirement to carry out preventive vaccinations during an epidemic period applies only to the groups of citizens and areas of services (work) specified in the resolution of the Chief State Physician for the City of Moscow.
If the Chief State Physician of Moscow issues a decree, citizens classified as groups of people subject to mandatory vaccination can refuse vaccination, but in this case they must be removed from their jobs for the period of epidemic relief. This position is reflected in the letter of Rospotrebnadzor from 01.03. 2021 N 02/3835-2021-32: upon threat of appearance and distribution of infectious diseases dangerous to people around (including new coronavirus infection) chief state sanitary inspectors of subjects of the Russian Federation and their deputies are empowered to issue motivated decrees on preventive vaccination of citizens or separate groups of citizens on epidemic indications (article 51 Federal Law N 52-FZ, article 10 Federal Law N 157-FZ). And only in the presence of such decisions the refusal to vaccinate on epidemic indications can result in the removal of citizens who do not have vaccinations from work.
Based on the above, the employer is obliged to suspend from work an employee (employee) who has expressed a refusal to receive preventive vaccination against COVID-19 (immunization) in the absence of medical contraindications.
During the period of suspension (non-admission to work), the employee shall not be paid. In addition, the time of an employee's absence from work without a valid reason, including as a result of his/her suspension from work in the cases stipulated by Art. Article 76 of the Russian Labour Code does not count towards the length of paid annual leave (Article 121.2 of the Russian Labour Code).
The employer has the right to offer the employee to switch to remote working, but this issue must be resolved individually, the law does not provide such guarantees to employees who refuse preventive vaccinations.
12. what to do if the employee evades or refuses to sign a written waiver of preventive vaccination?
If the employee refuses to vaccinate the employee, the employer must record the fact by drawing up a written statement of refusal to vaccinate the employee.
13. How will you control whether employers comply with Decree No. 1 of the Chief State Sanitary Doctor for Moscow dated 15.06.2021?
In order to confirm the fulfillment of the requirements of the Decree of the Chief State Sanitary Doctor for Moscow, organizations and individual entrepreneurs shall submit information about their employees electronically from July 1, 2021 to July 15, 2021 via the personal account of a legal entity or an individual entrepreneur on the official website of the Mayor and Government of Moscow. In automatic mode, all submitted information will be compared with the data on vaccinated persons, which is contained in the EMIAS and the state information system of the Russian Ministry of Health (Unified countrywide register of vaccinated persons). If any non-compliance with the established requirement to vaccinate at least 60% of workers (employees) is detected, information about the violation will be immediately transferred to the Department of Rospotrebnadzor in Moscow.
The control will be carried out in the form of continuous inspections, with respect to all employers. 14.
14. What sanctions will the employer face if he fails to comply with the requirement to have the number of vaccinated employees and (or) to submit a report on employee vaccination?
By virtue of paragraphs 2.3 of Article 6.3 of the Administrative Code of the Russian Federation for violation of legislation in the field of sanitary-epidemiological welfare of the population, expressed in violation of applicable sanitary rules and hygienic standards, failure to implement sanitary and epidemiological measures provides for administrative penalties in the form of a fine or administrative suspension of activities for up to 90 days.
Taking into account the unfavourable epidemic situation regarding COVID-19, the Department of Rospotrebnadzor for Moscow would only ask for a sanction in the form of administrative suspension of activities for up to 90 days when sending materials to court.
15. Is it allowed to work without masks and gloves for those who are vaccinated or have a certificate with antibodies?
No. The mask and glove requirement remains for all workers (employees) regardless of having been vaccinated.
16. Where can foreigners and migrants be vaccinated?
Immediately after the decision of the Russian Government on the possibility of using vaccines registered in Russia for foreign nationals, paid vaccination stations for foreign nationals working in the areas specified in the Decree will start operating in Moscow. At present organizational work is underway to deploy such vaccination points.
17. Is it possible to include vaccination against COVID-19 in the list of mandatory vaccinations in the sanitary books and put a mark on it?
Vaccination is confirmed only by a certificate issued electronically. A mark in the personal health record book of an employee (worker) can be considered only as an additional option, and the vaccination record must necessarily contain information on the vaccination certificate received.
18. Is it possible to use closed-type recirculators in the fitting rooms of stores that operate all the time the store is open without a cleaning schedule (because the cleaning process is a continuous cycle, as opposed to quartz treatment)?
Yes
Source https://mosgorzdrav.ru/ru-RU/news/default/card/5743.html
I remind that before that Moscow faced mandatory vaccination of 60% of staff of 99% working spheres: 100% trade, education, medicine, restaurant business, transport, sports, entertainment, public sphere, and most other services. And it led to mass firings and extreme economic costs.
Here is where you can download the order of main doctor of Moscow:
http://77.rospotrebnadzor.ru/index.php/press-centr/186-press-centr/9564-postanovlenie-glavnogo-gosudarstvennogo-sanitarnogo-vracha-po-gorodu-moskve-e-e-andreevoj-ot-15-iyunya-2021-goda-1-o-provedenii-profilakticheskikh-privivok-otdelnym-gruppam-grazhdan-po-epidemicheskim-pokazatelyam
PDF http://77.rospotrebnadzor.ru/images/Postanovlenie_Andreevoy1506.PDF
Where you can read online https://www.advokat-kk.ru/2021/06/vaktsinatsiya-ot-koronavirusa.html
Extremely important detail of this is the you do not need to work as actual trade manager, singer, doctor or teacher to be fired over this. Even if you are a program developer, IT specialist or accountant, who work from home and never see even your own colleges let alone clients, the mere fact that you work in this company gives your government legal right to force your employer to fire you over vaccination.
Facing the possibility of new "1928 depression" desperate businessmen and employers asked their government what to do. Here is the answer.
24 Jun. 2021 г.
Moscow Operative Headquarters and RPN answered the main questions of employers on mandatory vaccination of 60% of staff
In connection with questions from employers on mandatory vaccination of 60% of employees in institutions determined by the Decree of the Chief State Sanitary Doctor of Moscow, the Moscow Operational Staff and the Head of the Department of Rospotrebnadzor for Moscow give explanations.
1. Is an employer obligated to organize vaccination against COVID-19 for employees included in the list of areas approved by the Decree?
Yes. By virtue of the requirements of federal law, heads of organizations and individual entrepreneurs (hereinafter referred to as "employers") shall be obligated to vaccinate their employees and workers against COVID-19 within the period of time established by the Chief State Sanitary Inspector for Moscow.
In accordance with clause 6 part. 1 of Art. 51 of Federal Law of 30.03.1999 № 52-FZ "On the sanitary and epidemiological welfare of the population" (hereinafter - Federal Law № 52-FZ), Art. 10 of Federal Law of 17.09.1998 № 157-FZ "On immuno-prevention of infectious diseases" (hereinafter - Law № 157-FZ), paragraph 18.3 SP 3.1/3.2.3 146-13 "General requirements for prevention of infectious and parasitic diseases", order of the Russian Health Ministry of 21.03. 2014 № 125n "On approval of the national calendar of preventive vaccinations and calendar of preventive vaccinations on epidemic indications" (registered with the Russian Ministry of Justice on 25.04.2014 N 32115) the Chief State Sanitary Doctor of Moscow adopted a resolution from 15.06.2021 № 1, providing for mandatory vaccination of certain population groups on epidemic indications.
By virtue of Art. 10, Art. 11 of Federal Law № 52-FZ citizens, as well as employers must comply with the requirements of sanitary legislation, as well as regulations, orders executing federal state sanitary and epidemiological surveillance officials.
At the same time employers are obliged to carry out sanitary and anti-epidemic (preventive) measures. Such measures include preventive vaccinations performed for the purpose of prevention of origination and spreading of infectious diseases (clauses 2 of Article 25, clauses 1 and 3 of Article 29, Article 35 of Federal Law № 52-FZ).
The prevention of infectious diseases is performed by employers, in particular, by implementing an immuno-prevention program for infectious diseases in accordance with the national calendar of preventive vaccinations, which are available to all citizens and are free (part 1 article 30 of the Federal Law of 21.11.2011 № 323-FZ "On the basis of health protection of citizens in the Russian Federation (hereinafter referred to as Law No. 323-FZ), Clause 2, Article 4 of Law No. 157-FZ). COVID-19 vaccinations are included in the national calendar of prophylactic vaccinations, approved by Order of the Ministry of Health of Russia No. 125n of 21.03.2014 (hereinafter - NC).
Also, according to part 1 of Article 209, Article 212 of the Labor Code of the Russian Federation (hereinafter - LC RF), the employer must ensure safe working conditions and labor protection for employees, including by conducting sanitary-epidemiological (preventive) measures, i.e. organizational, administrative, medical, sanitary and other measures aimed at preventing the emergence and spread of infectious diseases and their elimination.
2. The decree specifies a figure of 60% vaccinated of the total number of employees. Who does it mean - only the vaccinated? Or does the 60% also include those who have a medical exemption from vaccination and have previously had COVID-19 with antibodies?
The 60% includes only workers (employees) who have been vaccinated. They can be vaccinated with any registered vaccine.
The remaining 40% include those with temporary medical exemptions, those who have had the coronavirus, and others at the discretion of the organizations themselves. For example, people who, for whatever reason, have not yet decided for themselves to get reliable protection. These groups of workers have less reason to hope for immunity.
If a company has regional divisions, how will the total number of employees to be vaccinated be counted? On the total number of employees of all company subdivisions or only on the number of employees of subdivisions located in Moscow?
To calculate the total number of employees in the part of 60% of obligatory vaccinations, only the number of employees working in Moscow is taken into account.
4. Are employees working remotely (remotely) and self-employed contracted employees included in the total headcount when determining the percentage of vaccinated employees?
Yes.
5. On the basis of what requirements will the sphere of activity of a legal entity be classified as listed in paragraph 1 of the decree, in particular - trade (OKVED / OKONKh, other criteria)?
The decree defines the category of persons who have a high level of epidemiological contacts and are involved in the chain of virus transmission in their sphere of activity. The sphere of trade includes not only retail trade (on-site sale of goods to the retail consumer-citizen), but also wholesale and distance trade. It doesn't provide for visiting of public places by citizens, but nevertheless it presupposes direct contact with a final consumer at the moment of goods receipt.
Under the public transport specified in section 1 of the decree means exclusively public transport and cabs (passenger transport), which provides for the contact of employees with citizens-passengers.
6. Who is subject to medical exemption, i.e. which employees are not subject to compulsory vaccination.
The list of diseases and conditions for medical exemption from vaccination against COVID-19 is short. Doctors recommend temporarily postponing vaccination for acute infectious diseases, exacerbation of serious chronic diseases, life-threatening and urgent conditions. As a rule, in such a condition, people are on sick leave or even hospitalized and are unlikely to continue working. Grounds for medical withdrawal are also pregnancy and a coronavirus infection less than 6 months ago. Such workers are not subject to compulsory vaccination.
The list of medical contraindications for vaccination does not include antibodies. In addition, there is currently no unified method for measuring the level of antibodies sufficient to make a person immune, nor is there a system for assessing the effectiveness and speed of adaptation of antibodies to mutant strains of the virus.
7. Is it necessary to submit the medical clearance certificate to the Government of Moscow, Rospotrebnadzor?
No, you do not need the certificate for the inspections. We carry out automatic reconciliation of data on vaccinated employees with EMIAS and the state information system of the Ministry of Health of Russia (the Unified country register of vaccinated) and check fulfillment of the indicator of 60%. Information about medical exemptions, past illness and other reasons for refusal to vaccinate is rather useful for the employer himself, to understand the level of protection of his team and clients. Such employees belong to the remaining 40%.
8. What antibody titers to coronavirus equate to vaccination?
When assessing an employer's compliance with the Ordinance, none. Currently available in the city (city and private laboratories) test systems doing ELISA have different units of change and are not comparable in terms of their results. Therefore, it is incorrect to focus on the results of ELISA testing at the moment.
From the experts' point of view, a high immunoglobulin G level is not a contraindication for vaccination.
9. How can vaccine selection and coronavirus vaccination be organized with a field visit and a dedicated physician to control side effects (moral and physical support line)?
The choice of vaccine is primarily determined by medical necessity. The question of travel for centralized vaccination of employees should be decided individually with medical organizations of any form of ownership, carrying out this type of activity.
Municipal medical institutions currently do not provide field vaccination, but federal and private medical institutions provide such services.
In Moscow the widest vaccination opportunities are provided. There are 100 vaccination points on the basis of municipal polyclinics, "Healthy Moscow" pavilions are reoriented exclusively for vaccination and work until the last visitor, there are mobile vaccination teams in shopping centers and popular public spaces. It is possible to get a vaccination by appointment or without an appointment on a waiting list. In addition, the city has donated the vaccine to private health care providers, 116 of which also provide vaccinations.
10. Is it compulsory to undergo an antibody test with a titer before vaccination? What tests do I need to undergo to make sure there are no contraindications to the vaccine?
Antibody testing prior to COVID-19 vaccination is not recommended and is not required, nor is it required prior to other vaccinations. Your health care provider performs a standard physical examination prior to vaccination, and no special examinations are required.
11. What grounds are stipulated by the legislation for disqualifying an employee from work if he refuses to receive preventive vaccination against COVID-19
Article 76 of the RF Labor Code stipulates that in cases stipulated by federal laws and other normative legal acts of the Russian Federation, the employer must suspend an employee from work.
In accordance with clause 6 part. Article 51 § 1 of Federal Law No. 52-FZ on the threat of the emergence and spread of infectious diseases that are dangerous to the public, which include COVID-19, the chief state sanitary doctor of the subject of the Russian Federation shall issue a decree on preventive vaccination on epidemic indications, which determines certain groups of citizens, and areas of services (list of works) with high risk of infectious diseases in an unfavorable epidemiological situation.
Other federal laws, acts of the Government of the Russian Federation (Federal Law No. 157 of 17.09.1998 "On Immunoprophylaxis of Infectious Diseases", the List of works the performance of which is connected with a high risk of infectious diseases and demands obligatory preventive vaccination, approved by the Government of the Russian Federation of 15.07.1999 No. 825, MK) are not applied here. The requirement to carry out preventive vaccinations during an epidemic period applies only to the groups of citizens and areas of services (work) specified in the resolution of the Chief State Physician for the City of Moscow.
If the Chief State Physician of Moscow issues a decree, citizens classified as groups of people subject to mandatory vaccination can refuse vaccination, but in this case they must be removed from their jobs for the period of epidemic relief. This position is reflected in the letter of Rospotrebnadzor from 01.03. 2021 N 02/3835-2021-32: upon threat of appearance and distribution of infectious diseases dangerous to people around (including new coronavirus infection) chief state sanitary inspectors of subjects of the Russian Federation and their deputies are empowered to issue motivated decrees on preventive vaccination of citizens or separate groups of citizens on epidemic indications (article 51 Federal Law N 52-FZ, article 10 Federal Law N 157-FZ). And only in the presence of such decisions the refusal to vaccinate on epidemic indications can result in the removal of citizens who do not have vaccinations from work.
Based on the above, the employer is obliged to suspend from work an employee (employee) who has expressed a refusal to receive preventive vaccination against COVID-19 (immunization) in the absence of medical contraindications.
During the period of suspension (non-admission to work), the employee shall not be paid. In addition, the time of an employee's absence from work without a valid reason, including as a result of his/her suspension from work in the cases stipulated by Art. Article 76 of the Russian Labour Code does not count towards the length of paid annual leave (Article 121.2 of the Russian Labour Code).
The employer has the right to offer the employee to switch to remote working, but this issue must be resolved individually, the law does not provide such guarantees to employees who refuse preventive vaccinations.
12. what to do if the employee evades or refuses to sign a written waiver of preventive vaccination?
If the employee refuses to vaccinate the employee, the employer must record the fact by drawing up a written statement of refusal to vaccinate the employee.
13. How will you control whether employers comply with Decree No. 1 of the Chief State Sanitary Doctor for Moscow dated 15.06.2021?
In order to confirm the fulfillment of the requirements of the Decree of the Chief State Sanitary Doctor for Moscow, organizations and individual entrepreneurs shall submit information about their employees electronically from July 1, 2021 to July 15, 2021 via the personal account of a legal entity or an individual entrepreneur on the official website of the Mayor and Government of Moscow. In automatic mode, all submitted information will be compared with the data on vaccinated persons, which is contained in the EMIAS and the state information system of the Russian Ministry of Health (Unified countrywide register of vaccinated persons). If any non-compliance with the established requirement to vaccinate at least 60% of workers (employees) is detected, information about the violation will be immediately transferred to the Department of Rospotrebnadzor in Moscow.
The control will be carried out in the form of continuous inspections, with respect to all employers. 14.
14. What sanctions will the employer face if he fails to comply with the requirement to have the number of vaccinated employees and (or) to submit a report on employee vaccination?
By virtue of paragraphs 2.3 of Article 6.3 of the Administrative Code of the Russian Federation for violation of legislation in the field of sanitary-epidemiological welfare of the population, expressed in violation of applicable sanitary rules and hygienic standards, failure to implement sanitary and epidemiological measures provides for administrative penalties in the form of a fine or administrative suspension of activities for up to 90 days.
Taking into account the unfavourable epidemic situation regarding COVID-19, the Department of Rospotrebnadzor for Moscow would only ask for a sanction in the form of administrative suspension of activities for up to 90 days when sending materials to court.
15. Is it allowed to work without masks and gloves for those who are vaccinated or have a certificate with antibodies?
No. The mask and glove requirement remains for all workers (employees) regardless of having been vaccinated.
16. Where can foreigners and migrants be vaccinated?
Immediately after the decision of the Russian Government on the possibility of using vaccines registered in Russia for foreign nationals, paid vaccination stations for foreign nationals working in the areas specified in the Decree will start operating in Moscow. At present organizational work is underway to deploy such vaccination points.
17. Is it possible to include vaccination against COVID-19 in the list of mandatory vaccinations in the sanitary books and put a mark on it?
Vaccination is confirmed only by a certificate issued electronically. A mark in the personal health record book of an employee (worker) can be considered only as an additional option, and the vaccination record must necessarily contain information on the vaccination certificate received.
18. Is it possible to use closed-type recirculators in the fitting rooms of stores that operate all the time the store is open without a cleaning schedule (because the cleaning process is a continuous cycle, as opposed to quartz treatment)?
Yes
Source https://mosgorzdrav.ru/ru-RU/news/default/card/5743.html