Rostrud clarified the grounds for dismissing an employee from work due to mandatory vaccination in the region. Employees who work remotely are not exempt from vaccination requirements, and their telecommuting is not an alternative to suspension. You can return an employee to work for two reasons – during vaccination or after a pandemic.
Rostrud’s clarifications are contained in a letter from the department to the Association of NK “Association of Corporate Lawyers” dated July 13, Izvestia reports. The association declined to comment because “there are more questions than answers so far.” Its representatives did not specify the reason for contacting Rostrud for clarification.
The date of suspension of employees depends on the timing of vaccinations in the region. The first will be Moscow – in the capital, 60% of employees in trade, catering and other industries should receive the first vaccination by July 15, the second – by August 15. “We believe that the suspension from work in connection with the refusal of the employee from vaccination should be issued from August 15,” – said in the explanations. The worker must provide a certificate of vaccination or a medical evacuation.
Rostrud at the end of June named the grounds for the suspension of employees from work. In his opinion, the Labor Code provides for the possibility of dismissing an employee for violating the law “On Immunoprophylaxis of Infectious Diseases”, which obliges them to make preventive vaccinations “according to epidemic indications.”
About the removal of the unvaccinated in Moscow – in the material of “Kommersant” “In the subway only after vaccination.”