Who will be dismissed if they are not vaccinated by January 31?

Feb112022

The order of the Ministry of Health of Ukraine of November 30, 2021 № 2664 (hereinafter – Order № 2664) expanded the list of organizations whose representatives are subject to mandatory vaccination against COVID-19.

Relevant changes have been made to the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations, approved by the order of the Ministry of Health of Ukraine from 04.10.2021 № 2153.

In particular, from January 31, 2022, vaccination against COVID-19 will be mandatory for three more categories of workers:

-                    local governments;

-             state and communal health care institutions;

-             utilities.

Order № 2664 was published in the “Official Gazette of Ukraine” № 100 of 31.12.2021 and enters into force on 31 January 2022.

We remind managers that it is necessary to prepare a timely and correct dismissal order for employees who are not vaccinated against COVID-19. For removal, the head draws up an appropriate act and issues an order or directive, which must be issued for review by the person being removed. If the employee does not sign the warning – the corresponding act is made. It is impossible to dismiss an employee for refusing to vaccinate – the workplace remains with him for the entire period of suspension.

Employees of these institutions who do not receive at least one dose of COVID-19 vaccine by January 31 will be fired without pay.

Dismissed employees do not have the total length of service required to receive a pension. Also, such an employee will not be able to receive annual leave due to a reduction in the number of days worked. And most importantly – the employee does not receive the salary necessary for human life.

Instead of the dismissed employee, the head of the institution may take another employee in his place or entrust the performance of duties to a person who is not dismissed.

    Warning! Control over the admission to work only of those employees who have documents on vaccination or contraindications to vaccination, is entrusted to the head of the enterprise.

If during the inspection a law enforcement officer finds that the company employs persons who evade or refuse vaccination, he draws up an act of violation of Article 44-3 of the Code of Administrative Offenses of Ukraine “Violation of the rules of quarantine”.

The responsibility for violation of the specified article for the head of the enterprise makes from 34 thousand hryvnias.

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