Is it a right or an obligation to vaccinate?

Fight or not? This is a problem

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At the press conference of the joint prevention and control mechanism of the State Council held on March 28, a data was released: as of 24:00 on March 27, China had reported more than 100 million doses of new coronavirus vaccine

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100 million doses, more? Experts from China Center for Disease Control and prevention stressed that only 80% of the population can be vaccinated, that is to say, more than 1 billion people should be vaccinated

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Although China’s daily vaccination capacity is the highest in the world, reaching 10 million people, it is still a rather long process

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What’s more worrying is that there are still many people who are hesitant and worried about vaccination, and there are even many misunderstandings and prejudices – if others fight, am I ok if I don’t? Now that the epidemic situation in China is stable and I don’t go abroad, is it unnecessary to fight? Fight or not? This is a problem

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According to the first paragraph of Article 15 of the law of the people’s Republic of China on the prevention and control of infectious diseases, “the State implements a planned vaccination system

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The administrative department of health under the State Council and the administrative departments of health under the people’s governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the needs of the prevention and control of infectious diseases, formulate plans for the prevention and vaccination of infectious diseases and organize their implementation

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” According to China’s current immunization strategy against new coronavirus, domestic vaccination is advancing in accordance with the principle of “should be followed as much as possible, echelon promotion, highlighting the key points and ensuring safety”

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At present, the main target of novel coronavirus vaccination is the population aged 18-59

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In addition, Beijing, Shanghai and other regions have received the new coronavirus vaccine for some elderly people over 60 years old and patients with chronic diseases who are willing to be vaccinated and in good physical condition on the premise of fully assessing the health status and infection risk of the vaccinated objects according to the unified national deployment

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Next, we will continue to improve the vaccination strategy based on the needs of epidemic prevention and control and clinical data, including the neonatal population

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In addition to the age restriction, the new coronavirus vaccines currently used in the market in China have also made clear the contraindications and precautions for vaccination

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If there is no vaccination, the vaccination service of the new coronavirus vaccine can not be provided

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Before vaccination, the doctor should truthfully inform the doctor of the health status, past medical history, allergic history and other information, including the history of chronic patients

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After full evaluation, the doctor can determine whether the novel coronavirus vaccine is suitable for vaccination

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It can be seen that our country is implementing a planned vaccination system

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So, fight or not? Listen to the arrangement of the state

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Can you play? Take the doctor’s advice

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Mi Feng, spokesman of the National Health Commission and deputy director of the publicity department, said that as of 24:00 on March 27, China had reported more than 100 million doses of the new coronavirus vaccine

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The State Medical Insurance Bureau once explained at the press conference of the state information office that the free vaccination of the novel coronavirus vaccine is on the premise that the residents are informed and willing

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The cost of the vaccine provided by the enterprise according to the agreed price, together with all the costs of vaccination services, will be jointly borne by the medical insurance fund and the finance, mainly using the accumulated balance of the medical insurance fund and the financial funds, and the residents will not bear it

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In fact, according to Article 97 of the vaccine administration law of the people’s Republic of China, “immunization program vaccine” refers to the vaccine that residents should vaccinate according to the provisions of the government, including the vaccine determined by the national immunization program, the vaccine added by the people’s governments of provinces, autonomous regions and municipalities directly under the central government in the implementation of the national immunization program, and the people’s governments at or above the county level or their health owners Vaccines used for emergency vaccination or mass vaccination organized by the administrative department

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Non immunization program vaccines refer to other vaccines voluntarily vaccinated by residents

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Article 21 of the law of the people’s Republic of China on basic medical and health care and health promotion stipulates that “the State shall implement the vaccination system and strengthen the immunization program

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Residents have the right and obligation to vaccinate according to the law

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The government provides free immunization vaccine to residents

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Is the novel coronavirus vaccine an immunization program vaccine? At present, it has not been included

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In fact, according to the law, vaccination units can charge vaccination service fees in addition to vaccination fees

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Article 30 of the social insurance law of the people’s Republic of China also stipulates that “the medical expenses that should be borne by public health shall not be included in the payment scope of the basic medical insurance fund”; the Interim Measures for the administration of drugs in the basic medical insurance also points out that preventive vaccines shall not be included in the payment scope of medical insurance

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In fact, the state has taken the responsibility to get the whole population vaccinated free of charge

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It can be said that in the face of the epidemic, there are no outsiders, they are all responsible persons; in the prevention and control of the epidemic, there are no bystanders, they are all participants

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Therefore, vaccination is a private matter, a personal right, a public matter and a social public interest

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Under this premise, we can see that some enterprises have put forward mandatory requirements for employees to be vaccinated, and declared that employees who refuse to be vaccinated will be dismissed

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So, is this legal? According to the labor law of the people’s Republic of China, the labor contract law of the people’s Republic of China and other relevant laws and regulations, the dismissal of employees can be divided into legal termination and illegal termination: if the employee seriously violates the rules and regulations of the employing unit, or has serious dereliction of duty, selfish behavior and other behaviors that cause heavy losses to the unit, the employing unit can legally terminate the employment contract If the employee is not qualified for the job after the medical treatment period, after the post transfer or retraining, or the enterprise meets the statutory requirements for layoff, the employer can still legally terminate the labor relationship with the employee, but need to pay the economic compensation to the employee Compensation; if the employee is dismissed by the unit not for the above reasons, then the unit is suspected of illegally terminating the labor contract

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In this case, not only economic compensation should be paid to the employee, but also economic compensation should be paid to the employee

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On March 27, students of Peking University were vaccinated with the novel coronavirus vaccine at Qiu deba gymnasium

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So, can the refusal to vaccinate the novel coronavirus vaccine constitute a legitimate reason for dismissal? This problem can not be generalized, should be combined with the employees in the industry, the workplace and the enterprise rules and regulations to make a comprehensive judgment

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For example, if it is engaged in import cold chain, port quarantine, ship pilotage, air service, fresh food market, public transportation, medical disease control and other workers with high risk of infection, or the industry is in the production workshop and other labor-intensive industries, service industries and other industries with a large number of customers, or based on the particularity of the workplace, there is an objective possibility of contact with a large number of people If the employee refuses to be vaccinated without proper reasons, which may bring hidden danger to the production and operation safety of the unit, and the relevant enterprise has clear regulations on safety production, safety operation, health and epidemic prevention, his behavior constitutes a serious violation of the company’s rules and regulations, and the unit has the right to dismiss legally

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If the enterprise does not belong to the above-mentioned special industries, and there is no relevant safety production regulations, the vaccination of employees should still follow the principle of voluntariness, and the enterprise is suspected of breaking the contract on this basis

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Of course, even in the case of legal termination, special cases should also be allowed

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For example, if employees have vaccination taboos and are really unable to get vaccinated, special measures should be taken to fully consider the actual situation of the individual

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It can be seen that at present, although the state has not issued any “compulsory vaccination policy”, the law is only the lowest moral bottom line after all, while reason can better show human nature and morality

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From the perspective of disease control, the establishment of population immune barrier requires a high enough vaccination rate in the population, that is, the vast majority of people are vaccinated.

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