The Chief Sanitary Doctor of Moscow signed Resolution No. 1 of June 15, 2021 (hereinafter referred to as the "Resolution"), which prescribes to provide preventive vaccinations against COVID–19 to citizens working in the service sector. This Resolution concerns organizations engaged in activities, including in the fields of trade, financial, cosmetic and household services, public catering, transport, housing and communal services and energy, education, health and social protection, cultural and leisure activities, etc.
The heads of organizations operating in Moscow must organize vaccinations of at least 60% of the total number of employees by July 15, 2021 – the first component or single-component vaccine, and by August 15, 2021 – the second component of the vaccine.
To confirm compliance with the requirements of the Resolution in the period from July 1, 2021 to July 15, 2021, organizations must provide relevant information in electronic form using the personal account of a legal entity on the official website of the Government of Moscow. Consultations on the provision of information are carried out by phone +7 (495) 197-97-77 or on the i.moscow portal.
The fine for non-compliance with the requirement of mandatory vaccination of employees in accordance with Article 6.3 of the Administrative Code of the Russian Federation and Article 3.18 of the Moscow Code of Administrative Violations will amount to 30 - 50 thousand rubles. for individual entrepreneurs and 100 - 300 thousand rubles. for legal entities. In case of injury to health or repeated violation, an official may be fined 300 - 500 thousand rubles, a legal entity or an individual entrepreneur - in the amount of 500 thousand to 1 million rubles.or suspend its operation for up to 90 days.
In order to minimize the involvement of the organization to administrative responsibility in connection with the new rules on mandatory vaccination, we would recommend the following: notify employees in writing and under signature of the need for vaccination; do not create any obstacles to vaccination (provide an opportunity to get vaccinated during working hours); conclude a contract with a medical organization for the vaccination of employees and inform employees about the possibility of vaccination in the specified medical institution; if possible, obtain vaccination certificates from employees, documents on withdrawal from vaccination or documents confirming the presence of antibodies in the amount of the employee that prevents vaccination; get a written refusal from employees who refused vaccination; remove employees who have not been vaccinated from work by issuing an appropriate order;* comply with the requirements of the regional authorities to provide information on the number of vaccinated workers. Please note that organizations that have incurred the costs of vaccinating their employees in accordance with the requirements of federal legislation have the right to take these costs into account as other expenses related to production and (or) sale. At the same time, these costs must be economically justified and confirmed by the relevant documents (Letter of the Ministry of Finance of the Russian Federation dated 08.10.2020 No. 03-03-06/1/87999 ).
* According to Article 76 of the Labor Code of the Russian Federation (hereinafter referred to as the "Labor Code of the Russian Federation"), an employer is obliged to suspend an employee from work in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. In accordance with paragraph 2 of Article 5 of Federal Law No. 157-FZ of 17.09.1998 "On immunoprophylaxis of infectious diseases", the absence of preventive vaccinations entails the removal of citizens from work, the performance of which is associated with a high risk of infectious diseases.