In the workplace there are times when an employee doesn't have to perform a task or instruction of higher authorities and he may refuse the job.
The main reasons for refusal to work can be a activity which was not foreseen by the contract with the employee or a dangerous job that threatens his life and health. The first case is more common in the workplace and in offices. For example, an employee without his consent is transferred to long term in another Department in a similar position. But after the translation it turns out that this post is below and the salary is less. In this case, the employee legitimately may withdraw from activities without any negative consequences for themselves as the employer violates the law. Transfer the employee to another position or place without his knowledge only for a period of not more than 1 month and only in case of emergency, for example, for the replacement worker during illness or vacation, in case of force-majeure in the company. If the qualifications for the new position is lower than that of employee, without his written consent translation not impossible.
If we talk about salary, even in case of temporary transfer, the employer may not make her less of the usual earnings of the employee. If the employer wishes to change the employment contract and these changes affect salaries and position, it should warn the employee at least 2 months prior to entry into force, with the reasons for such decisions and to obtain the consent of the employee. In this case, you can refuse the transfer, but the refusal is better to issue a written order in the case to testify in court or legal proceedings with the authorities.
If you translate you are not going, but I charge extra duties, for the execution of which, moreover, do not pay - this is also a reason to reject excess load. All of the employee's duties should be spelled out in the employment contract and job description, if there is one at the workplace. In the case where the order does not relate to the prescribed duties of the employee, they can not perform. However, the labour code allows the employer to charge the employee additional functions, but work in excess of should be paid accordingly, and the employee must agree to its implementation, in connection with which he must apply in writing.
If there is an unfavourable environment for life and health of employees to obey such orders, they are not required, even if they are provided under an employment contract or job description. When the employer does not care about the means of protection for their employees, they have every right not to expose your health at risk without further disciplinary action. To do this, of course, examine in advance and know exactly what protective equipment and clothing based on the law or the contract.
However, there are positions on which to suspend the work or to not abandon it under any circumstances. They are employees of the armed forces, civil servants, workers in hazardous industries, as well as providing assistance to the population - rescuers, ambulance staff, communications, gas and water supply. It is forbidden to stop the work of all the staff in the case of imposing the state of emergency or martial law.
Transfer to another position
The main reasons for refusal to work can be a activity which was not foreseen by the contract with the employee or a dangerous job that threatens his life and health. The first case is more common in the workplace and in offices. For example, an employee without his consent is transferred to long term in another Department in a similar position. But after the translation it turns out that this post is below and the salary is less. In this case, the employee legitimately may withdraw from activities without any negative consequences for themselves as the employer violates the law. Transfer the employee to another position or place without his knowledge only for a period of not more than 1 month and only in case of emergency, for example, for the replacement worker during illness or vacation, in case of force-majeure in the company. If the qualifications for the new position is lower than that of employee, without his written consent translation not impossible.
If we talk about salary, even in case of temporary transfer, the employer may not make her less of the usual earnings of the employee. If the employer wishes to change the employment contract and these changes affect salaries and position, it should warn the employee at least 2 months prior to entry into force, with the reasons for such decisions and to obtain the consent of the employee. In this case, you can refuse the transfer, but the refusal is better to issue a written order in the case to testify in court or legal proceedings with the authorities.
If you translate you are not going, but I charge extra duties, for the execution of which, moreover, do not pay - this is also a reason to reject excess load. All of the employee's duties should be spelled out in the employment contract and job description, if there is one at the workplace. In the case where the order does not relate to the prescribed duties of the employee, they can not perform. However, the labour code allows the employer to charge the employee additional functions, but work in excess of should be paid accordingly, and the employee must agree to its implementation, in connection with which he must apply in writing.
The threat to life and health
If there is an unfavourable environment for life and health of employees to obey such orders, they are not required, even if they are provided under an employment contract or job description. When the employer does not care about the means of protection for their employees, they have every right not to expose your health at risk without further disciplinary action. To do this, of course, examine in advance and know exactly what protective equipment and clothing based on the law or the contract.
However, there are positions on which to suspend the work or to not abandon it under any circumstances. They are employees of the armed forces, civil servants, workers in hazardous industries, as well as providing assistance to the population - rescuers, ambulance staff, communications, gas and water supply. It is forbidden to stop the work of all the staff in the case of imposing the state of emergency or martial law.