THE RIGHT TO REFUSE TO WORK

The right to refuse to workis a type of right aimed at protecting workers against hazards in working conditions. According to Article 13 of the Occupational Health and Safety Law No. 6331, if employees face serious and imminent danger, they can apply to the occupational health and safety boards, or to the employer if such a board does not exist, to request a decision on determining the conditions and taking the necessary precautions.

Cases involving the exercise of the right to refuse to work

The right to refuse to work is granted to employees who, due to serious and imminent dangers they face or may face, apply to the board for a decision, in accordance with Article 13 of the Occupational Health and Safety Law No. 6331;

If the board or employer decides in favor of the employee's request, the employee may refrain from working until the necessary measures are taken. The employee's wages and other rights arising from the law and the employment contract during the period of abstention from work are preserved.

In situations where a serious and imminent danger is unavoidable, employees may leave the workplace or the hazardous area and go to a designated safe place without having to comply with the procedure in the first paragraph. Employees' rights cannot be restricted because of these actions.

Employees working under an employment contract may terminate their contracts in accordance with the provisions of the law to which they are subject, if the necessary precautions are not taken despite their requests. Public personnel working under a collective bargaining agreement or collective labor agreement shall be deemed to have actually worked during the period they did not work according to this article.

The provisions of this article shall not apply in the event of a work stoppage at the workplace.

The reserved rights of a worker who exercises their right to refuse to work

Employees have the right to refuse to work until the necessary precautions are taken, if the occupational health and safety committee or the employer decides upon the employee's request.

The wages of employees who refrain from working during this period, as well as other rights arising from the law and the employment contract, are preserved. Therefore, no deductions can be made from the wages of an employee who exercises their right to refuse to work.

In situations where a serious and imminent danger is unavoidable, employees may leave the workplace or the hazardous area and go to a designated safe place without having to comply with the procedure in the first paragraph. Employees' rights cannot be restricted because of these actions. Employees working under an employment contract may terminate their contracts in accordance with the provisions of the laws to which they are subject if the necessary precautions are not taken despite their requests.

What is the right to refuse to work? What are the conditions for exercising the right to refuse to work? Are there any wage deductions for refusing to work? For these and similar questions, you can obtain consultancy services from our experienced lawyers in the field of labor law.