09:44 / 20.11.2021
2099
Labor Ministry provides information on procedure for dismissal of employees who have not been vaccinated 
Photo: Kun.uz

Under the labor legislation, employers have the right to dismiss employees who have not been vaccinated, the Ministry of Employment and Labor Relations reports

Article 113 of the Labor Code stipulates that when there is a threat of quarantine and the spread of other infectious diseases that are dangerous to humans, based on the decision of the Chief State Sanitary Inspector, an employer has the right to refuse to employ if an employee refuses to undergo a prophylactic vaccination in the manner prescribed by law (unless there are contraindications).  

The ministry said in a statement that a recommendation had been developed to ensure that the legislation was applied correctly, clearly and uniformly.

In this case, refusal to undergo prophylactic vaccination in the presence of the threat of quarantine and other infectious diseases dangerous to human health is the basis for the issuance of an order of dismissal of an employee in accordance with Article 113-3 of the Labor Code.

The employer must make additions to the internal labor regulations, collective agreements and other local documents adopted in agreement with the trade union on the obligation to be vaccinated in connection with the threat of quarantine and the spread of other infectious diseases dangerous to humans.

Before issuing a dismissal order, a written application for refusal of vaccination will be received from the employee. If the employee refuses to apply in writing, a protocol shall be drawn up stating that the employee has refused to be vaccinated and has refused to submit an application on this. The dismissal order will be introduced to the employee and signed by him.

However, this should not exceed more than three months in total for a single prophylactic measure to be introduced in the manner prescribed by law on the basis of a decision of the Chief State Sanitary Inspector. 

During the period of dismissal, the employee will not be paid. In case of dismissal, during the maximum period of dismissal specified in the employment contract concluded between the employer and the employee, a disciplinary action may be taken against an employee who refuses to be vaccinated in the absence of medical resistance in accordance with Article 181 of the Labor Code.

An employee may be transferred to a remote work regime in accordance with an agreement between the employer and the employee in the presence of a contraindication that refuses to undergo prophylactic vaccination due to the employee’s health condition. The organization of vaccination in connection with the threat of quarantine and the spread of other infectious diseases that are dangerous to humans is carried out by the employer.

These norms are established in local documents adopted by the employer in consultation with the trade union committee or other employee representative body.

For information, in the personal account of employers created through the integration of the interdepartmental software and hardware complex “Single National Labor System” into the information system of the Health Ministry emlash.uz, the “Number of people vaccinated against coronavirus” and the “List of employees not vaccinated against coronavirus” are maintained. There is also an opportunity for employers to monitor the level of vaccination of employees.

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