Can a worker be fired for refusing to get vaccinated in Ukraine?

Author : Maksym Mohylnytsky

Source : 112 Ukraine

Ukrainians are asking louder and louder about the legality of the mandatory vaccination announced by the Ministry of Health, and therefore I consider it necessary to understand the legal aspect of this problem
21:00, 5 October 2021

Open source

As of today, the order has not yet entered into force and we have only a published draft, as well as an explanatory note to it. Here we will analyze them.

The latest revision was up for public comment on September 29th. For the next ten days, the Ministry of Health will accept comments and suggestions, taking into account which it will prepare the final version. Then it will be registered with the Ministry of Justice, will be made public, and only after that, it will come into force.

Related: First Ukrainian-made vaccine will be produced next year, - Health Minister

So, the site of the State Expert Center of the Ministry of Health of Ukraine informs us that the study of all medicines (including vaccines) for safety is carried out in the process of preclinical and clinical trials. The latter are divided into three phases.

Those vaccines that are offered for registration and use in Ukraine have passed in full only the first and second phases of clinical trials. And from this, it follows that the third phase is still ongoing.

According to the second part of Art. 28 of the Constitution of Ukraine, no person can be subjected to medical research without his voluntary consent. In other words, vaccination can only be voluntary.

Yes, after the entry into force of the order of the Ministry of Health on compulsory vaccination, it will formally remain voluntary. In fact, the person will be faced with a choice: agree to vaccination or be left without a livelihood. Somehow not too voluntary, right?

Related: Vaccination against coronavirus in the world: Map

The explanatory note refers us to the ECtHR decision in the case "Varvichka and others v. the Czech Republic", where the court recognized the legality of compulsory vaccination. I think that in our case it is incorrect to refer to this decision.

There we are talking about nine diseases, vaccination against which the scientific community has long considered effective and safe. On the routine vaccination of children against diseases well known to modern medicine. Do you dare? The same thing, but not a single doctor will dare to announce a vaccine against coronavirus.

The study continues, and people who decide to get vaccinated are, in fact, testing the vaccines on their loved ones. This deed is useful and even noble, but purely voluntary.

So it turns out that the order of the Ministry of Health if adopted, will be discriminatory because it will deprive a number of categories of workers of the opportunity to earn their livelihood. Finding himself in a difficult financial situation, a person will be forced to agree to vaccination.

The categories subject to mandatory vaccination are separate topics. Why exactly teachers and civil servants? You will not find a clear answer either in the draft or in the explanatory note. I know! Because they are all state employees. That is, the state has a serious influence on these people.

Related: Pfizer recognizes reduction of vaccine’s efficacy up to 47% six months after second dose

At the same time, Art. 12 of the Law of Ukraine "On Protection of the Population from Infectious Diseases" allows the introduction of mandatory preventive vaccinations for workers of certain categories, but only if their activities can lead to infection of these workers and the spread of infectious diseases by them.

So how are teachers and civil servants fundamentally different from, for example, conductors and salespeople? And nothing.

What do we have in the bottom line? If you decide not to get vaccinated, then first I recommend that you study the list of contraindications. Undergo a medical examination and, if there are contraindications, you will be able to refuse vaccination without any consequences.

If there are no contraindications and for refusing to vaccinate you were suspended from work without pay, then you can try in court to collect the average earnings for the period of forced absenteeism. Will it burn out in a pandemic? I don’t undertake to predict.

Related: Over 33,000 people vaccinated in Ukraine on October 3

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