In June, following the capital, the Kuzbass authorities issued two documents establishing the mandatory vaccination against a new coronavirus infection (COVID-19):
- Order of the Governor of KO-K dated 18.06.2021 No. 88-rg
- Decree of the Chief State Sanitary Doctor for the Kemerovo Region - Kuzbass dated June 17, 2021 No. 10
Let's figure out what obligations these documents impose on employers in the Kemerovo region.
Who should be vaccinated
The rules established by the Kuzbass authorities turned out to be much softer than the measures currently being taken in the capital. So far, neither trade workers nor representatives of the service sector are subject to mandatory vaccination. Decree No. 10 of June 17, 2021 names only four types of organizations whose employees must be vaccinated:
- medical organizations;
- educational organizations;
- social service organizations;
- multifunctional centers.
In these organizations, at least 60% of employees must be vaccinated. However, when calculating the required number of vaccinated workers, workers who have medical contraindications to vaccination may not be taken into account.
Timing of vaccination
Employers must ensure that employees are vaccinated within the following time frames:
- until 07/18/2021 - the first component or a single-component vaccine;
- until 08/18/2021 - the second component of the vaccine.
What exactly should employers do?
Since Resolution No. 10 of June 17, 2021 was issued only two weeks ago, of course, there is no need to talk about the official position of the courts and regulatory authorities on the application of the act. However, we can focus on the practice formed on the issues of mandatory vaccination against other diseases.
You will find a detailed algorithm of the employer’s actions in the help, but briefly you can outline the following main points:
1. An employer cannot force an employee to be vaccinated, but must take a number of other steps, including issuing a vaccination order and providing the employee with a paid day to vaccinate.
2. If an employee refuses to be vaccinated, the refusal with an indication of the reason must be received in writing.
3. An employee who refuses to be vaccinated for an "unexcused reason" may be suspended from work, but may not be subject to disciplinary action.
4. An employer who has not performed the listed actions may be held administratively liable under Part 2 of Art. 6.3 of the Code of Administrative Offenses of the Russian Federation and / or receive an order to eliminate violations.
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