Маргарита Горовцова,
Руслан Габбасов
Serjio74b / Depositphotos.com
Эксперт службы Правового консалтинга ГАРАНТ Руслан Габбасов рассказал, вправе ли арендодатель приостанавливать деятельность или иным способом не допускать сотрудников арендатора, который не выполняет требование об обязательной 60-%ной вакцинации против COVID-19. Специалист пришел к выводу, что это недопустимо.
Действительно, московские работодатели, работающие в определенных сферах, обязаны обеспечить вакцинацию не менее 60% своих сотрудников против коронавируса (п. 2.1 постановления Главного государственного санитарного врача по г. Москве от 15 июня 2021 г. № 1). При этом ответственность за несоблюдение этой обязанности не предусмотрена. Аналогичные требования приняты и во многих других регионах.
Вакцинация является добровольной и работник вправе отказаться от прививки, но это может повлечь отстранение его от работы по решению работодателя (п.п. 1-2 ст. 5 Федерального закона от 17 сентября 1998 г. № 157-ФЗ «Об иммунопрофилактике инфекционных болезней»).
С другой стороны, обязательства по гражданско-правовом договору (в том числе по договору аренды) должны исполняться. Односторонний отказ от исполнения обязательства и одностороннее изменение его условий по общему правилу не допускаются (ст.ст. 309-310 ГК РФ). Основной же обязанностью арендодателя является обеспечение арендатору пользования вещью (ст. ст. 606, 611 и 620 ГК РФ).
В то же время, ни один из правовых актов по вопросам вакцинации не предусматривает каких-либо гражданско-правовых последствий для арендатора, которые не выполнил требования о вакцинации своих работников. Следовательно, арендодатель не может ограничивать доступ к рабочим местам сотрудников арендатора, которые не поставили прививку. Однако это можно предусмотреть в договоре аренды.
Все важные документы и новости о коронавирусе COVID-19 – в ежедневной рассылке Подписаться
Если же в договоре аренды таких положений нет, но арендодатель все равно препятствует нормальной работе арендатора, он понесет ответственность.
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