Legal entities, individual entrepreneurs, and citizens are obliged to comply with the requirements of sanitary legislation, as well as with the provisions and orders of officials exercising federal state sanitary and epidemiological supervision (Article 11 of the Law No. 52-FZ “On the sanitary and epidemiological welfare of the population” of March 30, 1999).
In accordance with the Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 1 of 08.02.2023 “On conducting mop-up immunization against measles in the territory of the Russian Federation”, as part of the campaign in Russia for mop-up immunization against measles of persons who did not receive vaccinations on time under the national preventive vaccination calendar during the period from April 3, 2023, to December 31, 2023, employers are obliged to ensure the immunization against measles of their employed foreign citizens who have not had measles and who do not have vaccinations or information about vaccinations against measles until December 31, 2023.
Earlier, the deadline for the above actions was set until December 31, 2020 (clause 3 of the Resolution of the Chief State Sanitary Doctor of the Russian Federation No. 19 of 07.11.2019).
The employer has the right to require vaccination only if the employee’s activity is included in the list of work tasks associated with a high risk of infectious diseases, approved by the Government of the Russian Federation on 15.07.1999 N 825. For example, the list includes work related to the procurement, storage, and processing of agricultural products in territories affected by infections common to humans and animals, work with live cultures of infectious disease pathogens, work with human blood and biological fluids, etc.
The absence of preventive vaccinations results in the refusal to hire citizens for the corresponding jobs or the suspension of citizens from work associated with a high risk of infectious diseases (Letter of Rospotrebnadzor dated 04.10.2019 N 09-13030-2019-40, Art. 76 of the Labor Code of the Russian Federation).
At the same time, the employer’s local regulatory acts may establish the need for a corresponding medical document, for example, when hiring and engaging in labor activities at the employer if the work associated with the corresponding position involves a high risk of infectious diseases.
It should be noted that citizens have the right to refuse prophylactic vaccinations when carrying out immunoprophylaxis (Article 5, paragraph 1 of the Federal Law of September 17, 1998 No. 157-FZ “On Immunoprophylaxis of Infectious Diseases”). If an employee refuses vaccination, and his/her job responsibilities do not involve the work listed in the mandatory vaccination list, the employer is recommended to obtain a written refusal of vaccination from such an employee.
Migration legislation does not directly provide for the obligation to provide certificates and information about measles morbidity and/or vaccinations for foreign citizens applying for permits to work in Russia.
Information about vaccination status can be confirmed by:
- a certificate of preventive vaccinations (Article 1, clause 2 of Article 17 of the Federal Law of September 17, 1998 No. 157-FZ “On Immunoprophylaxis of Infectious Diseases”);
- an extract from an outpatient card (form 025/u, form 027/u) or a register of preventive vaccinations (form 064/u) (clause 10.4 of the Methodological Guidelines MU 3.3.1889-04, approved by the Chief State Sanitary Doctor of the Russian Federation on March 4, 2004).
- a personal medical book (if available in the form approved by Order of Rospotrebnadzor of May 20, 2005 No. 402);
- documents from a foreign medical organization with the necessary certified translation of the aforementioned documents (Letter of Rospotrebnadzor dated October 4, 2019 No. 09-13030-2019-40);
- other certificates and documents (Decision of the Ninth Arbitration Court of Appeal dated December 14, 2017 No. 09AP-54335/2017 in case No. A40-116105/17).
The extracts must be certified with a stamp of the medical organization and the seal/signature of the medical worker.
Administrative liability is established for allowing employees to perform work duties without mandatory vaccinations (Article 6.3 of the Code of Administrative Offenses of the Russian Federation):
1) Violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population, expressed in violation of existing sanitary rules and hygienic norms, failure to perform sanitary and hygienic and anti-epidemic measures, entails a warning or imposition of an administrative fine.
- on citizens in the amount from 100 to 500 rubles;
- on officials – from 500 to 1,000 rubles;
- on individual entrepreneurs – from 500 to 1,000 rubles or administrative suspension of activities for up to 90 days;
- on legal entities – from 10,000 to 20,000 rubles or administrative suspension of activities for up to 90 days.
2) Similar actions (inaction) committed during a state of emergency or in the event of a threat of the spread of a disease that poses a danger to others, or during the implementation of restrictive measures (quarantine) in the corresponding territory, or failure to comply with a lawful order (resolution) issued during these periods or the requirements of the authority (official) carrying out federal state sanitary and epidemiological supervision regarding the implementation of sanitary and anti-epidemic (preventive) measures – entail the imposition of an administrative fine:
- on citizens in the amount from 15,000 to 40,000 rubles;
- on officials – from 50,000 to 150,000 rubles;
- on individual entrepreneurs – from 50,000 to 150,000 rubles or administrative suspension of activities for up to 90 days;
- on legal entities – from 200,000 to 500,000 rubles or administrative suspension of activities for up to 90 days.
3) If the actions (inaction) mentioned in paragraph 2 caused harm to human health or death, if these actions (inaction) do not contain a criminally punishable offense, an administrative fine will be imposed:
- on citizens in the amount from 150,000 to 300,000 rubles;
- on officials – from 300,000 to 500,000 rubles or disqualification for a period of 1 year to 3 years;
- on individual entrepreneurs – from 500,000 to 1 million rubles or administrative suspension of activities for up to 90 days;
- on legal entities – from 500,000 to 1 million rubles or administrative suspension of activities for up to 90 days.
Criminal liability may be imposed for more serious offenses in accordance with Article 236 of the Criminal Code of the Russian Federation.
Author
Olga Tumasova
- Senior lawyer, labour and migration practice
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