Employees have not been vaccinated. What if Rospotrebnadzor turns up

More than 60% of your employees have not been vaccinated. If Rospotrebnadzor turns up, fines cannot be avoided. Force employees to vaccinate? But they can bombard you with lawsuits. Elena Kozhemyakina, managing partner of BLS, about how

More than 65% of employers believe that employees who refuse to be vaccinated should never be fired. Such data was provided by the Megaplan company, which, together with HH.ru, interviewed 1.6 thousand representatives of small and medium-sized businesses on this account. The result of the survey is by no means accidental. Companies know that the law does not provide grounds for terminating the contract. But realities created other problems: the lack of mechanisms to force employees to get vaccinated, the practice of suspending them from work for doing so, and the moral choice to campaign for vaccinations or not.

In the context of the pandemic, disputes on these topics have turned into a series of unscheduled tasks for employers. The fact is that the legislation does not keep up with changing conditions: any question leads companies to a dead end. The way out is to study the clarifications of departments, and not non-existent federal laws. What issues should an employer solve in order to avoid both fines and employee lawsuits?

To wear or not to wear

One of the main issues is masks. The requirement to wear them in public is still in effect at the time of this article. The departments refer to several regulations:

Art. 11 of the federal law dated March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population"; Art. 22 of the Labor Code of the Russian Federation - on safe working conditions; Decree of the Chief State Sanitary DOCTOR of the Russian Federation of October 16, 2020 No. 31 on wearing masks to protect the respiratory organs in crowded places.

The general conclusion is this: employees are required to wear masks (including in the workplace) if they are in contact with visitors and customers.

But what if the employee refuses to wear a mask, referring to contraindications?

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