INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC

Keywords: labor protection; dismissal; compulsory vaccination; objective information; informed consent

Abstract

The article summarizes the state of legal regulation and judicial and law enforcement practice in the field of labor relations, which arise against the background of the COVID-19 pandemic. The normative legal acts referred to by the Ukrainian authorities when making decisions on compulsory vaccination, and which serve as a normative basis for the removal of certain employees from work, are analyzed. At the same time, an analytical review of the decisions of the Supreme Court of Ukraine and the decisions of the European Court of Human Rights on appeals concerning coercion by the authorities and administrative institutions to vaccinate was carried out. Analytical materials of public associations of lawyers and the practice of the Verkhovna Rada Commissioner for Human Rights were also used for analysis. Attention is drawn to gaps in legislation and regulations on the issue of informed patient consent. Certain options for amending the relevant acts are proposed. Conclusions on the instrumental impact of information and legal aspects on the general state of labor protection in a pandemic. The author, in particular, draws attention to the fact that the state, having established the rule that without vaccinations certain categories of workers can not be admitted to work, fulfills its obligation to ensure labor protection. That is, by creating safety and health conditions at work, public authorities and employers protect not only all workers and those who receive their services, but also the person who has not received preventive vaccinations, through the mechanism of offering such an employee, for example, conditions for remote work. At the same time, the article emphasizes the fact that medical institutions and doctors are largely ignoring the provisions of current legislation on the objective information of patients undergoing vaccination. It is about informing patients about the features of different vaccines and the possible consequences of their use. And this, in turn, should lead to the informed consent of the patients themselves. Thus, informed consent in the described legal relations is a specific indicator and, at the same time, an instrument of labor protection. This, in this case, applies not only to subjects who are vaccinated, because then they receive "admission" to the place of work and the work itself, but also, separately, it is a criterion of quality working conditions of health workers, quality of medical services as an independent species. labor. And reaching the level of collective immunity, thanks to mass vaccination, creates a more global protection of the population, and thus, for its working part, and a tool to protect all types of work.

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Published
2021-12-30
How to Cite
PismenytskyiА. А. (2021). INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC. Labour Protection Problems in Ukraine, 37(4), 35-43. https://doi.org/10.36804/nndipbop.37-4.2021.35-43