The lawyer explained how to refuse the “mandatory” vaccination against covid

Only a limited range of professions can make people vaccinate.

Yakutia almost became the first region in Russia where all citizens are officially required to be vaccinated against coronavirus. On May 19, a decree of the chief sanitary doctor of the republic on the mandatory vaccination of the population was published, a week later, the head of Yakutia, Aisen Nikolaev, demanded to speed up the process, although the regional authorities are now avoiding the use of the word “mandatory”. The correspondent of “MK” learned how the mechanism of compulsion to vaccinations can work and whether it is possible to avoid vaccination.

Of course, in Yakutia, we are not talking about ignoring medical indications: for example, children and pregnant women are not only not required to receive a vaccine, but also cannot. But the chief sanitary doctor of the region ordered the family members of pregnant women to be vaccinated – this increases the level of protection of this category. In addition, vaccination, according to the order of the sanitary doctor, is necessary for workers of summer camps, organizers, participants and personnel involved in holding mass events in the republic. In case of an unjustified refusal to vaccinate, it was said in the order of May 19, the employee may not be allowed to work, and his employer could face a fine of 200 thousand rubles.

– The employee can refuse. This is his right, – explained on May 25 the press secretary of the head of Yakutia Afanasy Noev. – We have voluntary vaccination. It is about organizing a mass vaccination. It is optional. Rather, these are requirements for employers, they must create conditions for mass vaccination. We do not oblige people.


– Vaccination may or may not be officially mandatory, it does not matter, – told “MK” a specialist in the personnel department of one of the capital’s research institutes. – If the task of vaccinating is set, it is carried out in the vast majority of cases. In Moscow, de facto, it has already been carried out in many sectors. Including with us: the vast majority of employees received vaccines in the winter. This is due to the strategic nature of our institute: people here understand not only the meaning of vaccination, but also the word “must”. No one had to threaten with dismissal. There were only a few people who at first strongly doubted and did not want to get vaccinated – I don’t take people with contraindications. But they were convinced by the positive experience. Therefore, fines and threats will never break consciousness.

– Vaccination was difficult for us, – said an employee of the largest retail chain, – until an official order appeared: only those who had been vaccinated or had been ill receive admission to work with customers – upon presentation of a certificate of antibodies, and those who have a vaccination certificate. With those who did not want, the contracts were not terminated, but there is no salary if there are no shifts. Therefore, a couple of people in our store quit, the rest took root. By the way, about half did not need it, because in 2020 many were ill.

“In general, the employer’s coercion of an employee to perform any medical manipulation, including vaccination, is contrary to the Labor Code,” says lawyer Alexei Golubev. – However, there is a wide group of so-called decreed professions related to medicine, education, cooking and other types of active work with people. For these groups, regular medical examinations are mandatory, and vaccination may be included in them (otherwise, relatively speaking, they may threaten not to renew the medical record). However, in the SanPiNs, which regulate these medical examinations, vaccination is not currently included, and while this is so, it is possible to require a medical certificate and admission to work without being vaccinated. However, this can be challenging, and workers often face pressure in such cases.