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Please be informed that starting from 16 June in Moscow, the Moscow Region*, for the purpose of implementation of Resolution No. 1 of the Chief Public Health Officer for the city of Moscow “On Preventive Vaccination for Certain Groups of Citizens for Epidemic Indications” dated 15 June 2021 (hereinafter referred to as the Resolution of the Chief Public Health Officer for the city of Moscow), mandatory coronavirus immunisation was introduced for the employees and contractors under civil law contracts of the self-employed entrepreneurs and legal entities operating in the following areas:
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trade;
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beauty salons, beauty shops, spa salons, massage parlours, tanning salons, bath-houses, saunas, fitness centres, fitness clubs, swimming pools;
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household services, including laundries, dry cleaners, and other similar services;
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catering;
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client departments of financial organisations, organisations providing postal services;
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multipurpose centres providing state and municipal services;
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public transport, taxi;
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education, healthcare, social protection, and social services;
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housing maintenance and utilities and power industry;
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cultural, exhibition, educational events (including museums, exhibition halls, libraries, lectures, training programs), except for official events organised by executive authorities;
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recreation, entertainment, and performances (including game activities, workshops);
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kids’ spaces, children’s entertainment centres, children’s day camps, other spaces for similar events for non-adults in buildings, structures, facilities (premises within them), including recreation and entertainment parks, shopping and entertainment centres;
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theatres, cinema theatres, concert halls;
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mass physical culture, sports events.
Coronavirus immunisation (vaccination) is also mandatory for civil officers, people filling the positions of the civil officers of the city of Moscow, municipal servants, people filling the positions of the municipal servants of the city of Moscow, employees of the government agencies of the city of Moscow and their subordinate organisations.
As per Clause 2 of the Resolution of the Chief Public Health Officer for the city of Moscow, the heads of organisations and self-employed entrepreneurs operating within the city of Moscow in the following areas:
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by 15 July 2021, it is required to arrange for preventive vaccination of at least 60% of the total number of workers, employees with the first component or a single-component vaccine, and by 15 August 2021 – with the second component of the vaccine officially registered in the Russian Federation against novel coronavirus infection;
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to enhance awareness-raising activities on prevention of novel coronavirus infection (COVID-I9) among workers and employees, with particular focus on the need for preventive vaccination.
According to Decree No. 32-UM of the Mayor of Moscow the heads of Moscow organisations** must report on the progress of vaccination of their employees during the period from 1 July 2021 to 15 July 2021. Information in the prescribed form (Appendix No. 2 to Decree No. 32-UM of the Mayor of Moscow dated 16 June 2021) indicating the employee’s personal insurance policy number (SNILS), his Compulsory Medical Insurance (CMI) certificate number, passport number or patent of a foreign employee, as well as mobile phone number. This information is provided electronically via the personal account of a legal entity or self-employed entrepreneur on the official website of the Mayor and the Government of Moscow.
Legal rationale of the “voluntary-mandatory” vaccination:
There is no such term in the Russian Federation as “mandatory vaccination”. The law “On Immunisation” states that anyone can refuse vaccination due to its voluntary format. The Constitution of the Russian Federation provides for the concept of medical privacy. Vaccination is a private matter for any citizen. As a matter of law, such information must not be collected (there is a list of exception occupations where vaccination against various diseases is necessary due to the nature of employment, e.g. a teacher, while trade employees are not included in the list).
A list of works associated with high risk of contracting infectious diseases, and therefore requiring mandatory preventive vaccination, was established by and people performing such works can be obliged to get vaccinated. , the vaccination against coronavirus infection caused by the SARS-CoV-2 virus was added to the preventive vaccination calendar for epidemic indications. If employees assigned to the 1st level priority of the categories from the Order of the Ministry of Health (e.g. the employees of public health service and education providers) do not get vaccinated, they can be suspended from work without pay.
What about other employees? The Labour Code contains exhaustive list of grounds for dismissal, and the employer is not entitled to dismiss employees who do not want to be vaccinated. The BDO experts doubt the legitimacy of mandatory vaccination for citizens not included in the list of Government Resolution No. 825.
Employer risks:
An employer may be held accountable for non-compliance with the Resolution of the Chief Public Health Officer for the city of Moscow. In this case, the so-called “covid” to the Administrative Offenses Code made in 2020 are quite applicable (Article 20.6.1 of the Administrative Offences Code provides for penalties for legal entities from 100 to 300 thousand roubles, incl. suspension of operations of the organisation for up to 90 days).
Guidelines of the BDO Unicon Outsourcing experts on implementation of the Resolution of the Chief Public Health Officer for the city of Moscow and the Moscow Region and Decree No. 32-UM of the Mayor of Moscow :
1. Establish in-house regulation (order/instruction) on the procedure for preventive vaccination against novel coronavirus infection (COVID-19) for epidemic indications. Make sure to refer the need to implement the Resolution of the Chief Public Health Officer for the city of Moscow and Decree No. 32-UM of the Mayor of Moscow .
It is recommended to issue an order appointing a person responsible for providing information on fulfilment of the Resolution of the Chief Public Health Officer for the city of Moscow in a timely manner in accordance with the established form of Appendix No. 2 to Decree No. 32-UM of the Mayor of Moscow .
Prepare the order acknowledgement sheets and/or make a general mailout to the employees by email with delivery and reading report.
2. Perform awareness-raising activities among the staff and explain the need for vaccination as follows:
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Personal e-mail newsletter with information about the danger of coronavirus;
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Gather the employees for a meeting. If you invite a medical representative (infectious disease expert, pulmonologist, therapist) to the meeting, he, as an expert, will explain the pros and cons of the vaccine.
3. Decide on the most appropriate way to vaccinate employees in your company:
There are several ways to vaccinate employees:
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refer employees to state medical clinics as per compulsory medical insurance (will not entail financial costs on the part of the Employer);
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refer employees to private clinics with VHI. Vaccination against COVID-19 is not included in VHI program, but it can be included in insurance coverage for an additional fee;
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contract a licensed vaccination centre that provides services for organisations on-site, or clinics and medical centres that have access to the vaccine.
4. Prepare a personal Notice for each employee (including contractors under civil law contracts) about the vaccination procedure in the company with a request (we recommend that you exclude the wording that forces employees to fulfil the assignment on a mandatory basis***) to notify if the employee has already received the vaccine (to confirm the fact, ask for a certificate of vaccination) or to notify if they have medical contraindications to vaccination against coronavirus.
Be sure to indicate the timeframe for vaccination in the Notice (the first stage – before 15 July 2021, the second stage of vaccination – before 15 August 2021) and general information on the vaccination procedure (self-appointing methods, general restrictions, addresses of vaccination points, etc.). To prepare this information, you may refer to the website of the Mayor of Moscow at .
5. Calculate 60% of the actual number of employees - the amount that must be vaccinated.
When calculating the number of employees, consider the actual number of employees, including part-time workers and contractors under civil law contracts, rather than the average staffing number. The employees who work remotely are not excluded; it is understood that they also need to be vaccinated. Do not exclude the employees who have contra indications to vaccination from the total number. Do not include the employees who work separate subdivisions in other regions into the total number of employees.
Thus, calculate 60 percent using the following formula:
The number of employees to calculate 60 percent for vaccination = (All the employees and contractors under civil law contracts - Employees and contractors under civil law contracts who work outside Moscow) х 60%
6. If employees refuse to be vaccinated, request a written notice of the refusal. In our opinion, the supporting documents will reduce the risks for the Employer in case of any inquiries from the supervisory authorities.
7. Please provide information on implementation of Decree No. 32-UM of the Mayor of Moscow** Fill in the data as per the form of Appendix No. 2 of the Decree, the timeframe is from 1 July 2021 through 15 July 2021. Advisory and information support is implemented by phone: + 7 (495) 197-97-77.
*– the requirement for vaccination was approved by Resolution No. 3 of the Chief Public Health Officer for the Moscow Region dated 16 2021 June.
** – The Employers of the Moscow Region shall submit information as per the form specified in the to Resolution No. 184-PG of the Governor of the Moscow Region dated 16 June 2021. The timeframe is from 1 July 2021 through 15 July 2021.
*** – The list of works and types of services and the persons who perform them and who can be obliged to get vaccinated is established by Decree No 825 of the Government of the Russian Federation dated 15 July 1999.
