Маргарита Горовцова,
Оксана Новикова
Kruchenkova / Depositphotos.com
Эксперт службы Правового консалтинга ГАРАНТ Оксана Новикова рассмотрела вопрос о прохождении вакцинации против COVID-19 учителями и преподавателями. В рассмотренной ситуации педагог одного из образовательных учреждений Ростовской области написал отказ от вакцинирования без медицинских показаний по своим убеждениям. По мнению эксперта, сотрудник в таком случае должен быть отстранен от работы.
Дело в том, что в декабре 2020 года прививка против коронавируса была внесена в Календарь профилактических прививок (приказ Минздрава России от 9 декабря 2020 г. № 1307н). При этом лица, подлежащие обязательной вакцинации, разделены на три группы (приоритеты). И, в частности, к приоритету первого уровня отнесены работники образовательных организаций.
По общему правилу вакцинация является добровольной, от прививки можно отказаться (абз. 8 п. 1 ст. 5 Федерального закона от 17 сентября 1998 г. № 157-ФЗ «Об иммунопрофилактике инфекционных болезней»; далее – закон об иммунопрофилактике). В то же время некоторые граждане должны проходить вакцинацию обязательно – это касается тех, чья работа попала в специальный Перечень работ, связанных с высоким риском заболевания инфекционными болезнями (утв. постановлением Правительства РФ от 15 июля 1999 г. № 825). К этой группе относятся и сотрудники образовательных учреждений. Если такие сотрудники отказываются от прививки, работодатель должен отстранить их от работы (абз 4 п. 2 ст. 5 закона об иммунопрофилактике).
Но для этого в регионе должна быть введена обязательная вакцинация отдельных категорий граждан от коронавирусной инфекции. В настоящее время такие акты приняты в республиках Бурятия, Алтай, Дагестан, Ингушетия, Тыва, Хакасия, Красноярском и Хабаровском краях, Амурской, Владимирской, Калининградской, Псковской, Тульской областях и многих других.
Власти Ростовской области также установили обязанность пройти вакцинацию против коронавируса для некоторых граждан, в том числе сотрудников образовательных организаций.
Случаи, при которых работодатель обязан отстранить от работы работников, установлены ст. 76 ТК РФ. Такого основания для отстранения от работы, как отсутствие профилактических прививок, сама указанная статья не содержит. Вместе с тем она предписывает отстранять работников от работы в случаях, предусмотренных федеральным законодательством.
Все важные документы и новости о коронавирусе COVID-19 – в ежедневной рассылке Подписаться
Поскольку обязанность отстранить от работы работника образовательной организации в случае отсутствия у него прививок предусмотрена законом об иммунопрофилактике, то работодатель вправе требовать от всех работников образовательной организации прохождения обязательной вакцинации а при отказе – отстранить от работы. Исключение составляют сотрудники, которые имеют медицинские противопоказания к прививке.
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