THE POSITION OF COURT: EMPLOYER IS NOT OBLIGED TO INSIST ON THE IMMUNIZATION OF EMPLOYEES

The Arbitration Court of the Sverdlovsk Region considered the case at the request of the employer. The company demanded to invalidate the clause of the order of the Russian Federal State Agency for Health and Consumer Rights, which imposed the obligation to ensure that all the employees were vaccinated against flu on the applicant.

The courts of two instances sided with the plaintiff and satisfied his claims.

When examining the validity of the ruling issued by the Russian Federal State Agency for Health and Consumer Rights, the judges concluded that it was unenforceable. The fact is that a number of epidemiological norms, in fact, determine the purpose of vaccinations, the procedure and conditions for immunization, but do not establish an obligation for the employer to vaccinate all the employees.

According to the requirements of the law, an employee’s refusal from vaccination may result in dismissal from his post, provided that the activity is associated with a high risk of infection.

Moreover, the list of such jobs is separately established by the Government of the Russian Federation.

In addition, the court noted that the employer is not able to oblige his employees to be vaccinated, since vaccination is carried out with voluntary consent. In this case, the refusal to vaccinate is documented in a medical organization that has the right to carry it out, but the employer does not have such documents at his disposal.

Thus, the courts of two instances concluded that the order issued by the territorial body of the Russian Federal State Agency for Health and Consumer Rights was unenforceable and satisfied the employer's claim (decision of January 19, 2021 in case No.A60-55623 / 2020, resolution No. 17AP-4570/2021-AK of June 2, 2021 ).