Associate lawyer of Nadmitov, Ivanov and Partners law firm Delgira Khodzhayeva gave comments to RBC on receiving a medical withdrawal from vaccination.
In some regions, the decision on the presence of contraindications to vaccination against coronavirus can also be made by the medical commission of the medical organization where the patient with his chronic disease is observed, Delgira Khodzhayeva said. Such an order, for example, according to her, is already provided for in the Tula region.
If a doctor for some reason refused a medical discharge, you can also undergo an independent examination of the state of health and subsequently try to challenge the doctor's decision in court, Khodzhayeva advises.
However, Khodzhayeva recalls that the medical withdrawal from vaccination does not always mean that the employer is obliged to allow this employee to work. For example, if we are talking about working in an area where vaccination of employees is mandatory.
"The Constitutional Court spoke about the suspension of employees who have not been vaccinated. This does not violate the rights of employees and will preserve the health and safety of themselves and other people. In this case, the suspension from work meets the constitutional goals of possible restrictions on human and civil rights and freedoms and cannot be considered as a violation of them," she said.