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Registration of Foreign Citizens on the Territory of the Russian Federation

Regarding the obligation of employers to provide measles vaccination to all foreign employees

29.11.2019

Rospotrebnadzor obliged employers to provide vaccination of all foreign employees against measles during 2019 year in accordance with the Resolution of the Chief State Sanitary Inspector of the Russian Federation.

With this regard employers are required to submit a consolidated report on the results of vaccination of foreign employees against measles to the territorial body of Rospotrebnadzor at the location of the organization by December 31, 2019.

In order to fulfill this obligation, the employer is obliged to provide conditions for vaccination of all foreign employees, regardless of citizenship and status in Russia.

At the same time, foreign employees may, at their own discretion, either be vaccinated, or provide documents confirming that the vaccination has been carried out earlier, or refuse to be vaccinated by submitting a written refusal certified by a doctor of a medical institution.

Measles vaccination can be carried out in medical organizations, regardless of the form of ownership, having a license for medical activity and actually having a measles vaccine.

If there is an Individual Compulsory Life and Health Insurance Policy and an register to city polyclinics, measles vaccination could be carried out free of charge at the place of register, if the person is under 35 years old. If there is no attachment, foreign citizens can vaccinate at any medical facility for a fee.

If a foreign citizen has been vaccinated against measles earlier, he or she needs to provide a corresponding confirming document, as well as its notarized translation into Russian, certified by a Russian notary. If the documents are not available, the foreign citizen must undergo an analysis of the presence of antibodies to measles virus in the blood at the medical organization for the purpose of vaccination confirmation.

The foreign employee also has the right to refuse to carry out measles vaccination; in this case the refusal is executed in the state, municipal or private medical organizations of health care, in which preventive vaccination is carried out. The refusal should be signed by a foreign citizen, as well as by the doctor of the medical organization, who gave explanations and executed the refusal of vaccination.

The refusal from vaccination can be carried out using the form recommended by the order of the Ministry of Healthcare and Social Development of Russia from 26.01.2009 № 19n, where the person confirms that he received full information about the consequences of refusal from preventive vaccinations. At the same time, the vaccination refusal form should be issued by the medical organization itself, whose doctor certifies the refusal, and the form may differ from the one recommended by the Order of the Ministry of Healthcare and Social Development, which is dedicated to children. By the current moment, the forms of refusal from vaccination of an adult person, which would be mandatory, are not established, therefore, it is possible to use the above form, dedicated to children, provided that it is adapted to an adult.

Refusal of a foreign employee to undergo measles vaccination does not entail negative consequences related to obtaining documents and entry/exit from the territory of the Russian Federation.

Thus, depending on the specific situation, the following documents may be issued by a medical organization to a foreign citizen with regard to confirmation of undergoing/rejection of vaccination:

- document confirming the undergoing of vaccination;

- refusal from vaccination, where the person confirms that he or she has received full information about the consequences of refusal from preventive vaccination, signed and certified by a medical worker;

- medical report confirming that the vaccination has been carried out earlier and that there are antibodies in the blood;

- certificate confirming that the foreign employee has contraindications for measles vaccination.

The employer must report on measles vaccination to the territorial body of Rospotrebnadzor at the location of the organization by December 31, 2019, providing a consolidated report on the status of each foreign citizen with regard to vaccination.

In case of non-compliance by the employer with this obligation, liability is provided under Article 6.3 of the Administrative Offences Code of the Russian Federation: «Violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population», which entails a warning or administrative fine:

- for citizens - from 100 to 500 rubles;

- for officials - from 500 to 1000 rubles;

- for persons carrying out entrepreneurial activity without formation of a legal entity - from 500 to 1000 rubles or administrative suspension of activities for up to 90 days;

- for legal entities - from 10,000 to 20,000 rubles or administrative suspension of activities for up to 90 days.

LEVINE Bridge will be glad to assist in the preparation and submission of a consolidated report on the results of measles vaccination to Rospotrebnadzor for all foreign employees of your company.

If you have any questions, please contact Elizaveta Zhuchkova at +7 495 980 04 36 or e-mail e.zhuchkova.levinebridge@gmail.com


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