Injecting by the order: who is forced to get vaccinated against coronavirus

Novye Izvestia recorded cases with state employees - they are forced to injections not of their own free will.

Julia Suntsova

In the Moscow City Property Department (DGI), management representatives are forcing subordinates to be vaccinated against coronavirus under threat of dismissal, according to a source of "NI". Orders from the bosses - to undergo a medical examination and get vaccinated are received in the corporate chat, and are also spoken out at meetings in the office during working hours.

In an interview, Victoria T. spoke about the pressure exerted on her mother, an employee of the Moscow City Property Department (the audio recording is at the disposal of the editorial office). The employee herself refused to comment to the press for fear of losing her job.

- Mom is forced to get vaccinated against covid under threat of dismissal. At first, the bosses convinced employees that vaccination against coronavirus is a civic duty: they say that doctors and teachers are already undergoing it on a mandatory basis, and officials would be good to keep up. But when it became clear that those who wanted to be vaccinated voluntarily were still few, and the deadlines, apparently set before the authorities, were running out, they [employees of the mayor's department] began to pressure, and then bribed, promising 18 thousand rubles each, - says the interlocutor...

Talks about covid vaccinations in the mayor's office began in early October. The role of the organizer was assumed by representatives of the department's management.

- Subordinates are simply presented with a fact. Instructions come to the corporate chat in the messenger. The meaning is as follows: up to a certain date, you consent to vaccination in writing, and if you refuse, then the question of your dismissal is raised. They can be fired for whatever they want - the spectrum of rubber grounds is great: from the vague one - “on loss of trust” to the accumulated disciplinary skills. Naturally, subordinates take threats of dismissal seriously.

The mother of the interlocutor had no doubts that the ambiguous messages were sent from the bosses, and not from the hackers.

The work chat has existed for several years, and before it had already been sent to employees through "non-statutory" orders. For example, to take part in a rally-concert on Sakharovsky Prospekt, when in parallel tens of thousands of Muscovites came out there to protest against the admission of independent candidates to the Moscow City Duma. In the spring of 2018, through the same chat, employees of DGI Moscow were voluntarily and compulsorily invited to rallies dedicated to the presidential elections.

For those who accidentally "missed a text message", representatives of the administration convey their instructions again at face-to-face meetings.

- The meetings were held in the office in the Oko Tower in Moscow City [ed. the address of Moscow, 1st Krasnogvardeisky proezd, 21, building 1 is indeed indicated by the actual address of the DGI on the official website of the Mayor of Moscow ]. The authorities explained: up to a certain date, you need to sign a consent for vaccination against coronavirus. In addition, voluntary vaccination agreements will be signed with employees. This is preceded by the first stage: passing a medical examination to exclude contraindications to vaccination - employees are asked to fill out a questionnaire and come with it to a clinic, one of three from the employer's list, where the vaccination itself will be carried out later. The costs for the tests are paid by the clinic itself, everything - if only the patients come to them, - says Victoria.

According to the interlocutor, at meetings with the administration, workers are mostly silent, because hints of dismissal for resisting the implementation of the "vaccination plan" sounded very clearly and unambiguously. But in their circle, employees are already sounding the alarm.

- About 5-10% of the staff actually agreed to be vaccinated voluntarily. Basically, these are those people who are in dire need of money or really trust the Russian vaccine. They went for vaccinations first, around October 3rd. And after the others found out that the volunteers had been lying at home with a temperature for a week and did not go to work, they only strengthened their opinion - not to get vaccinated.

The employee shared with her daughter her feelings about this, and they began to find out together with what contraindications vaccination can be officially avoided: according to rumors, pregnancy or the initial period of breastfeeding, oncology, chronic and autoimmune diseases, recent vaccination against flu, the presence of antibodies to coronavirus.

So far, as the interlocutor says, such a certificate remains the only way out for the intimidated clerks. No one wants to lose their jobs in an era of growing economic crisis and unemployment.

But the authorities, without thinking twice, even then found a way out of the situation. “If you can't do it yourself, bring a friend” - this kind of hardcore marketing in the department is used to lure civil servants.

- After it became clear that it was not possible to cram the required number of workers for vaccination, they invented the action "Set a friend", figuratively speaking. They explained to the employees that if you yourself find a contraindication to vaccination, you must definitely bring a friend, even from where, not necessarily an employee of a budgetary organization. An agreement on voluntary vaccination will also be concluded with the "outsider", and for participation in the program he can count on 18 thousand rubles, this will be spelled out in the agreement, - says Victoria.

The pressure from the employer increases every day. Mom's version - Russia, in the race for a patent, has gone all-out and for the sake of passing the final third stage of testing does not hesitate to use any methods: they make "experimental" out of dependent civil servants, they will also provide silence in the future: no one will know that the volunteers were only volunteers out of deep fear.

It got to the point that at the same meetings the bosses are already talking: from a certain period of time, pregnancy is supposedly not a contraindication, it has been proven that it does not harm the fetus, and in general - there are "really contraindications", but there are "light contraindications" that can be neglected - this is how management persuades subordinates to get vaccinated.

Themselves eloquent administrators, who so vehemently persuade their subordinates to put the ukolchik, on voluntary vaccination, it seems that they never went. At least, all of them are still in their workplaces and are not lying around at home with temperatures like the ordinary workers who "disappeared" a week ago.

- Not in the family circle, mom tries not to spread about this terrible reality. Of course, she fears for her health, does not trust the vaccine, considers the demands of her superiors to be illegal. What do we do? We are going to poke a finger at the contraindications, if they do not fit, she simply will not go for vaccination, - adds the daughter.

Novye Izvestia appealed to the Moscow mayor's office for explanations about the tacit coercion of subordinates to undergo vaccinations.

The City Polyclinic No. 3, subordinate to the Moscow Department of Health, went further and issued an order for vaccination against coronavirus. The document numbered 255-P "On Vaccination" was signed by the head physician of the medical institution, a member of United Russia Yelena Samyshina on October 2, 2020.

"In connection with the implementation of measures to reduce the risks of the spread of a new coronavirus infection COVID-19", in order to prevent morbidity, in accordance with p. 4.5.4.7. Resolutions of the Chief State Sanitary Doctor of the Russian Federation of 05/22/2020 No. 15 "On approval of sanitary and epidemiological rules" SP 3.1.35970-20 "Prevention of new coronavirus infection COVID-19" and vaccination of employees of the State budgetary institution of health of the city of Moscow "City polyclinic No. 3 Department of Health of the City of Moscow "(hereinafter - the Institution),

I ORDER:

1. Provide the head of the therapeutic department - the therapist AA Korableva, the acting head of the branch No. 1 Labuzova I.Yu., the head of the branch No. 2 NA Bandareva, the head of the branch No. 3 Khokhlov D.А. vaccination of all employees of the Institution against the new coronavirus infection COVID-19 with the Gam-COVID-Vac vaccine (in the vaccination room of the Institution at 22/26 Ermolaevsky per., building 1), according to the approved lists (Appendix No. 1 to the order), for with the exception of persons with medical contraindications.
2. Create a commission to identify persons with medical contraindications, consisting of: <…>.
3. Conduct to the epidemiologist Materova A.A. explanatory work with all employees of the Institution for the medical use of the Gam-COVID-Vac vaccine.
4. To bring to the clerk Lazareva OM this order to all employees of the Institution under their signature.
5. To make the epidemiologist Materova AA responsible for the execution of this order".

As you can see from the order, it is impossible to confirm contraindications for vaccination against coronavirus in a free manner (for example, by contacting a doctor of your choice for a certificate). The monopoly right to make a decision on each specific employee is assigned to the commission. It was formed 100% of the people subordinate to the chief physician of the City Polyclinic No. 3 and the DZM, namely: two deputy chief physicians and three heads of departments of the medical institution. Two employees of the polyclinic are also responsible for explanatory work and the execution of this order "with their own heads", who, apparently, will persuade their colleagues.

Expert of the Russian Academy of Sciences, expert of the Interfactional Working Group of the State Duma on Drug Supply and Circulation, President of the League of Patients Alexander Saversky forwarded to Novy Izvestia a scan of messages sent to medical workers of City Polyclinic No. 3, presumably by the Deputy Chief Physician for Paid Services Olga Tsvetkova:

“Our GPZ polyclinic has issued an order on the mandatory vaccination of all employees against Covid-19. I ask everyone to read it, and a month after the flu shot, you can and should get vaccinated against Covid. Under the control of the DZM leadership". “Dear colleagues, I ask everyone to take into account that if you refuse to vaccinate, you may be suspended from work. There is a legislative basis for this”, - the messages say.

"Doctors are driven to vaccinate against covid like a herd. They may not like it, of course, but the repressive machine is running. Someone thought a year ago that they would live in the days of "medical fascism"? There are categories of services that need to be safe for consumers. A doctor is required to be vaccinated against a number of diseases to ensure the safety of the patient. For this, health workers, for example, are vaccinated so as not to infect their patients. If you don't want to get vaccinated, you can't work. Failure to comply with anti-epidemic measures, failure to fulfill their obligation to organize sanitary and epidemiological measures, or admitting an employee without compulsory preventive vaccination threatens the employer with a penalty in the form of a fine under Art. 6.3 of the Administrative Code of the Russian Federation or suspension of activities. However, in this case, one cannot speak of any vaccination at all, but only a scientific experiment, because the effectiveness and safety have not yet been proven! This cannot be considered a vaccination! And now this is already a violation of the Constitution in terms of conducting experiments on people without their consent", - Saversky comments.

In the course of writing the material, the special correspondent of Novy Izvestia received several certificates of vaccination in groups in several medical institutions in Moscow.

Lilia E. On September 29, she voluntarily went for a coronavirus vaccination at the city polyclinic No. 220 in the Krasnopresnensky district of Moscow (Zamorenova st., 27).

"About 14 o'clock I came to the clinic. At the reception I was immediately asked: "Are you on the list?" I came alone, not on the list. In the corridor I saw a group of 15 people. They were standing in line to the office in which I had to be vaccinated against the coronavirus at the same time. From the way they talked, I realized that people have known each other for a long time. Snatches of their conversations indicated that they were from the same organization. In the 5 minutes that I spent in the corridor, more people came up to check in on this list. They were asked if they had received a flu shot in the past 2 weeks. An affirmative answer was ticked off the lists and asked to come back for another vaccination against covid in a month, in October”, - says Lilia.

- The fact that these are state employees is my personal feeling. Doom and gloom were somehow on their faces. I was in the second ten and already wanted to leave so as not to wait. But I was stopped by the behavior of one of the women. When she entered the doctor's office, she began to swear and behaved hysterically - she tried with all her might to shake out of the doctor a list of reasons for medical removal.

There was a live queue to the office for examination. When this very woman left the office, the doctor looked out and asked: "Who is the next?" And there was a deathly silence. Nobody was torn. I took advantage of the situation and asked for it. It’s not like I’m acting like an upstart. Together with the doctor, we looked around the line. But somehow everyone in her bowed their heads. Then I said: "If nobody wants, then I will go". None of the "volunteers" objected at all.

I had the opportunity to compare these people with real volunteers. On the same day, at about 12.30 pm, I tried to get vaccinated at the 62nd city polyclinic at 37 Planetnaya Street. People behaved there in a completely different way. At least everyone sat apart from each other and did not talk. And also on their faces one could read confidence and self-sufficiency, and hardly any of them would skip me out of line, so I went to look for another medical facility, adds Lilia.

Alexey B. , who also decided on voluntary vaccination, talks about another "party of forced laborers" whom he found in the 68th city polyclinic on Malaya Yakimanka: “There are a lot of forced laborers here. I photographed them. These are employees of Avtodor, Zhilishchnik, social services”, - he commented.

- Our trade union has recorded several reports from health workers about attempts to put pressure on medical workers by the administration of medical institutions with the aim of ... to vaccinate them against covid. In one of the city's clinics in Moscow last week, the authorities dishonored subordinates for refusing to vaccinate with a drug that did not pass the third stage of testing, sending out relevant messages. In another, it frightened those who did not want to be vaccinated with “air travel bans””, - says Andrey Konoval, organizing secretary of the Interregional Trade Union of Medical Workers Action.

On August 25, the Ministry of Health of Russia announced the issue of the N.N. Gamaleya of permission to conduct a post-registration clinical study of the vaccine Gam-Covid-Vac against coronavirus.

"The study will be attended by 40 thousand volunteers - citizens over the age of 18. The duration of participation in the study for each volunteer is six months from the date of vaccination. The study will be held on the basis of a number of public medical institutions in Moscow", - the Ministry of Health's message is available on the official website.

Information about a Russian vaccine called Sputnik-V, developed jointly with the Russian Ministry of Defense, was also published in September in the scientific journal Lancet. In a series of clinical trials in June and July, 38 people took part, including Minister Sergey Shoigu. The authors of the article confirm that 40 thousand volunteers are taking part in the third phase of the trial.

Apparently, it is precisely this figure - 40 thousand volunteers (in some cases, not quite as we see) and the Russian authorities are striving. And not typed...

The legislation unambiguously answers the question of vaccination: it is forbidden to test a vaccine that has not passed the third stage of trials on citizens without their voluntary consent, including on health workers and teachers. In general, the regulatory framework in this regard contains many legal nuances.

COMMENTS OF LAWYERS:

Lawyer Yulia Sobko:

Currently, it is impossible to oblige and fire employees for refusing to vaccinate against COVID-19, because since September 2020, post-registration clinical trials of this vaccine have been conducted on the basis of voluntary applications to determine possible contraindications for at least another six months. Article 5 of the Federal Law of September 17, 1998 No. 157-FZ "On Immunoprophylaxis of Infectious Diseases" establishes voluntary vaccination with the right to refuse preventive vaccinations if there are contraindications. The obligation to make preventive vaccinations and dismissal for refusal to vaccinate (Article 76 of the Labor Code of the Russian Federation) applies to employees if the work is associated with a high risk of contracting infectious diseases (the list of works was approved by the RF Government Decree of July 15, 1999 No. 825). However, vaccination against COVID-19 has not yet been included in the list of preventive vaccinations. Thus, it is currently illegal to require an employee to be vaccinated against COVID-19.

Lawyer Konstantin Pavlenko:

"According to Part 2 of Article 10 of the Federal Law of 17.09.1998 No. 157-FZ" On Immunoprophylaxis of Infectious Diseases", - the decision to carry out preventive vaccinations for epidemic indications can only be made by the Chief Sanitary Doctor of the Russian Federation or a subject of the Russian Federation within their competence. Currently, no such decisions have been made in Russia, therefore, any requirements for vaccination - whether public sector employees, or any other workers, pressure on them with the aim of vaccination against coronavirus is illegal.

And even when the coronavirus vaccine passes the third stage of testing and is officially introduced, and the COVID-19 vaccination will be included in the national vaccination calendar, not everyone will be included in the circle of state employees subject to mandatory vaccination by law, but according to the list of works established By the Government of the Russian Federation. Theoretically, in the structure of public authorities and budgetary institutions, they can become: workers of the veterinary and sanitary-surveillance profile; persons who work with blood and other body fluids; persons carrying out activities in educational organizations.

Lawyer Oleg Matyunin:

The categories of relevant "risky" jobs are determined not by employers, but by the RF Government Decree of 15.07.1999 N 825 "On approval of the list of work, the performance of which is associated with a high risk of contracting infectious diseases and requires mandatory preventive vaccinations" (as amended on 12.24.2014). Now the list includes 12 categories of work. For example: maintenance of sewerage facilities, equipment and networks; in organizations for the procurement, storage, processing of raw materials and livestock products obtained from farms unfavorable for infections common to humans and animals; in organizations carrying out educational activities. The list did not include all kinds of office work, taxi, courier, etc. Refusal to vaccinate is not a basis for bringing to legal responsibility, but can cause a number of legal consequences.

Consequences of refusing vaccinations

Refusal of preventive flu vaccination or vaccination against COVID-19, if it is included in one of the preventive vaccination calendars (!), Will have the consequences listed in paragraph 2 of Article 5 of the Law "On Immunization of Infectious Diseases":

1) a prohibition for citizens to travel to countries in which, in accordance with international medical and sanitary rules or international treaties of the Russian Federation, requires specific preventive vaccinations;

2) temporary refusal to admit citizens to educational organizations and health institutions in the event of massive infectious diseases or the threat of epidemics;

3) refusal to hire citizens for work or suspension of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.

Medical lawyer, judge Andrey Bender:

When the vaccine is officially introduced on the territory of the Russian Federation, one of the consequences of its refusal by an employee may be the refusal to hire him or suspension from work. But an employee can be removed from office only if the following conditions are met:

1. The position of an employee is associated with the risk of an infectious disease (the work is listed in the list established by the Government),

2. The employee is notified of the preventive vaccinations by the employer (and the organization of the procedure), he is presented with justifications for their obligation and the consequences of refusing to vaccinate are explained, in addition, the employee must be familiarized with the relevant order.

3. Suspension from work is formalized by order of the head of the organization indicating the grounds for suspension, and the employee is familiar with the relevant order,

4. The employee's refusal is made in writing or his refusal to familiarize himself is recorded

5. The employer issued a suspension order in accordance with Art. 76 of the Labor Code of the Russian Federation, referring to the provisions of 157-FZ on immunization, and the employee is familiar with the relevant order. 6. The order of suspension contains all the conditions: the suspension period is up to the day following the day of compulsory immunization (in accordance with Article 76 of the Labor Code of the Russian Federation), the preservation or non-preservation of wages for this period.

In addition, if the employee's refusal to immunize is not related to temporary contraindications to it or other valid reasons, including if the employer did not arrange for the vaccinations, the average earnings remain. If at least one condition is not met, the dismissal of the employee is illegal.

Positions that must be vaccinated without fail include:

• medical workers

• teachers in schools, kindergarten teachers

• food industry employees: cooks, waiters, bartenders

• workers in the field of transport: flight attendants, taxi drivers, etc.

• other categories of citizens related to special control over the availability of mandatory vaccinations. There are also indications of medical, educational and trade workers in the National Vaccination Calendar.

It is also useful for citizens to know that post-vaccination complications, depending on their severity, give the right to receive a one-time benefit or periodic payments.

Penalties for refusal to vaccinate, which were introduced into the draft of the new Code of Administrative Offenses (CAO), threaten only those who are in occupational risk groups, that is, perform work associated with a high risk of contracting infectious diseases. The updated draft of the Code of Administrative Offenses, prepared by the Ministry of Justice, is now undergoing a stage of public discussions. For citizens, the punishment can be from 5 thousand to 7 thousand rubles, for officials - from 7 thousand to 10 thousand rubles. Individual entrepreneurs may face a fine in the amount of 10 thousand to 20 thousand rubles. or an administrative ban on activities for up to 30 days. Fines for organizations can reach 30 thousand rubles, they can also face a temporary ban on activities. The Ministry of Justice promised that the current size of punishments and the statute of limitations for prosecution in the draft of the new code will not be increased.

Consequently, in the current regulatory documents governing the immunization of the population of Russia, the organizational mechanisms for compulsory vaccination against COVID-19 are not enshrined, the federal law guarantees citizens the right to refuse any preventive vaccination.

P.S.

On the day of publication of the publication, on Sunday, the press service of the Moscow Healthcare Department sent a super-prompt refutation of the following content:

On the fact of the publication of "To inject by order: who is forced to get vaccinated against coronavirus" (link: https://newizv.ru/news/politics/11-10-2020/ukolotsya-po-prikazu-kogo-prinuzhdayut-delat-privivki- ot-koronavirusa), which refers to the coercion of employees of polyclinic No. 3 to be vaccinated against coronavirus, the Moscow Health Department comes out with a refutation.

Information about the compulsion to vaccinate is completely untrue. The chief physician of polyclinic No. 3 Elena Samyshina previously commented on such statements on social networks and gave explanations that the order states that it is necessary to ensure the vaccination process itself and create the most comfortable conditions for its implementation. The decision to participate in the study is made voluntarily and only after passing a medical examination. For the convenience of employees in polyclinic No. 3, a commission has been created to assess the presence of possible contraindications among employees wishing to take part in the procedure

The full text of the comment can be found at the link: https://www.facebook.com/permalink.php?story_fbid=3665789476797828&id=100001004364269&comment_id=3666383890071720

It remains to add the following. The press service of the Moscow City Health Department has a unique feature: it reacts quickly, but NEVER agrees with any facts stated in the publications. Therefore, it is worth clarifying that the opinions of chief physicians and officials are by no means always the ultimate truth! The testimonies of ordinary people who do not suffer from malicious thoughts to harm the image of Moscow health care are of no less value than the assurances of the bosses. And cases of violation or misinterpretation of laws must be evaluated by the Moscow prosecutor's office.