Ks recognized as the legitimate extraction of work for refusing to vaccinate the coronavirus

Orlova worked in the field of social services, Mokanz in a transport company. Both abandoned vaccination in the middle of the Covid-19 pandemic at the end of 2021 and, as a result, were eliminated from work without salary. At the same time, the plaintiffs received a series of notifications about the need to obtain a coronavirus vaccine or provide a certificate of medical contraindications, writes the newspaper.

The plaintiffs disputed the provisions of the Labor Code, as well as the laws “on immunoprophylaxis of infectious diseases” and “on the health-epidemiological well-being of the population”, which allow us to eliminate work to reject vaccination.

In his decision, the KS indicated that the elimination of Orlova and Mokan of work was carried out within the framework of regulatory legal acts, which provided for the mandatory vaccination of certain categories of workers due to the threat of the propagation of the coronavirus. In particular, social services in St. Petersburg and the premory transport sector should be vaccinated according to epidemic indications.

According to Dmitry Galantsev, managing partner of Prositum’s lawyer, this is not the first time that the employee is eliminated from work for refusing to instill the constitutionality of the measures taken. According to him, the Courts of First Instance, Appeal and Cassation in such cases are stable from employers.

In June 2021, the head of the Ministry of Labor, Anton Kotykov, said that a non -vaccinated employee can be eliminated from work if the region has a decree on mandatory vaccination. He also emphasized that the Labor Code does not provide the dismissal of rejecting vaccination.