Suspended from work due to lack of vaccination against covid: what the court said

There are still few stories of appealing against cases when employees who are not vaccinated against covid are suspended from work, but the first COURT decisions on this matter are already appearing in open sources. Which side do the courts take?

Requirements for vaccination of certain categories of citizens have been introduced in many regions of RUSSIA. They are determined by the relevant resolutions of the chief sanitary doctors for the subject of the Russian Federation and differ in different regions depending on the situation with the CORONAVIRUS.

For the most part, the requirements boil down to an obligation for employers in certain industries to ensure that workers are vaccinated, with some RF subjects specifying the percentage of employees who must be vaccinated.

However, since the release of such decrees, quite logical questions have arisen : what to do if an employee refuses to be vaccinated, and is it possible to remove an unvaccinated employee from work?

Recall: in the letters of state bodies, it was repeatedly reported that workers who refused to be vaccinated against coronavirus should be suspended from work without pay.

What does the law say?

In accordance with Art. 76 of the Labor Code of the Russian Federation, the employer, among other things, is obliged to remove from work (not allow to work) an employee:

at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation; in other cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.