On March 6, 2019 Rospotrebnadzor adopted the Resolution of the Chief State Sanitary Doctor of Russia as of March 6, 2019, No. 2, obliging employers (paragraph 3 of the Resolution) to ensure that foreign workers are vaccinated against measles before the end of 2019. Foreign workers who have not had measles before and who have not vaccinated are subject to vaccination.
Employers should vaccinate workers in accordance with art. 1 of the Federal Law "On immunoprophylaxis of infectious diseases" and Art. 1 of the Federal Law "On the sanitary and epidemiological welfare of the population." Specific measures for vaccination and lists of workers to be vaccinated are provided for both by legislation and by individual regulations of the Rospotrebnadzor (for example, the aforementioned Decree of the Chief State Sanitary Doctor of Russia as of March 6, 2019, No. 2).
For non-compliance with the requirements of legislation on the vaccination of employees, employer may be held liable under Art. 6.3. Code of Administrative Offenses. For legal entities, this article provides for a fine from ten thousand to twenty thousand rubles or administrative suspension of activity for up to ninety days. For other categories of offenders (individual entrepreneurs, etc.) milder penalties are provided.
Employers who have employees who are subject to compulsory vaccination are obliged to send lists of such workers annually (September-October) to treatment-and-prophylactic organizations for the purposes of planning vaccination activities (p. 5.6 SP 3.3.2367-08 "Organization of immunoprophylaxis of infectious diseases").
An employer who did not vaccinate workers to avoid responsibility must confirm that he:
- demanded that workers be vaccinated and ask them to comply with the requirements of the legislation (this can be done by writing Order on vaccination and sending a written notice to employees);
- received a written refusal from employees who refused vaccination;
- removed from work of workers who have not been vaccinated. The employer does not have the right to bring such an employee to disciplinary responsibility, since the refusal of vaccination is the right of the employee. The suspension is carried out in the manner provided by Art. 76 of the Labor Code of Russia - until the employee passes vaccination -without saving the employee wages.
For additional information, please contact consultants of Confidence Group.
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