Occupational health and safety is gaining importance in order to prevent the dangers that employees are exposed to in their workplaces and to provide a safe working environment. In cases of serious and imminent danger, employees must have certain rights in order to act quickly and effectively. In this context, employers’ responsibilities are also quite critical. The Occupational Health and Safety Code No. 6331, which determines the basic provisions in the field of occupational health and safety in Türkiye, has brought important regulations regarding this matter. One of the rights provided by the law is the right of employees to refrain from working in case of imminent danger.
This article discusses the rights of employees who face serious and imminent danger and the obligations of employers. The mechanisms that employees can apply to in dangerous situations, the decision-making processes of the employer and the importance of measures to ensure the safety of employees will be emphasized. In addition, the rights of employees and collective agreements with employment contracts will also be examined.
Employees’ Rights for Application in Case of Serious Danger
When employees encounter a serious and imminent danger, they can first apply to the Occupational Health and Safety Board located in the workplace. In cases where the Board is not available, they have the right to apply directly to the employer and request that the situation be determined. The employer immediately evaluates these requests, records the situation in a report and decides to take the necessary measures.
The board or the employer is obliged to make a quick decision on the management of emergencies in line with the employee’s request.
The decision must be communicated to the employee and the employee representative in writing. This situation is of critical importance for the protection of employees from danger.
Employees’ Right to Refrain from Working
Employees have the right to refrain from working at the workplace until the necessary measures are taken.
Employees who refrain from working are entitled to their wages and other rights during this period, as well as their rights arising from employment contracts and legal regulations. This situation is an important protection mechanism for ensuring the safety of employees.
Even if the number of workers exercising their right to refrain from working is high, this situation cannot considered a strike legally.
Urgent Transition to Safe Areas
In cases where serious and imminent danger cannot be prevented, employees have the right to leave the workplace or the dangerous area without complying with the specified procedures. There can be no restriction on their rights due to these actions; this guarantees the freedom of employees to act quickly in the face of emergencies.
Employees have the right to terminate their employment contracts within the framework of the legal regulations they are subject to in cases where the employer does not take the necessary measures regarding imminent occupational dangers.
Public personnel working under a collective agreement or collective labor agreement are considered to have actually worked during the periods they are not working according to these provisions.
Conclusion
As a result, in cases of serious and imminent danger, there is a strong relationship between the rights of employees and the responsibilities of the employer. Ensuring the safety of employees is not only a legal obligation, but also an ethical obligation. It is essential for employers to establish effective emergency management in this regard and to inform employees in order to provide a safe working environment.
The Occupational Health and Safety Law No. 6331 of Türkiye has brought comprehensive obligations to employers to take action in emergencies and give the right to refrain from working to employees in situations of close and imminent danger.
