Sometimes working conditions are so dangerous that they must not be tolerated. The law then gives the employee specific rights. This lesson shows when and how to use them, and who helps when the employer does not react.
The right to stop work (Article 210)
You may refrain from doing the work if both of the following apply:
- working conditions do not comply with health and safety rules, and
- they pose a direct threat to the health or life of you or other people.
Both conditions must be met. It is not enough that the work is hard or unpleasant. The threat must be real and direct, for example a missing guard on a moving part of a machine, a damaged live cable, or a blocked evacuation exit during a fire.
What to do, step by step
- Stop work and make yourself safe.
- Notify your supervisor without delay. This is a mandatory condition.
- If stopping work alone does not remove the danger, you may leave the place of danger (Article 210 § 2). Notify your supervisor straight away in this case too.
- Warn your colleagues.
- Do not go back until the danger has been removed.
What about pay
- For the time you stopped work or left, you keep the right to pay (Article 210 § 3).
- No adverse consequences may be applied to you. The employer cannot punish or dismiss you for using this right in a justified case (Article 210 § 2¹).
The right applies only when the danger is real. If you stop work without justification, you may get into trouble for it.
When you do not feel fit to work
Article 210 § 4 allows you, after notifying your supervisor, to refrain from work that requires special psychophysical fitness if your condition does not allow you to work safely and endangers others. An example is operating a forklift truck while dizzy. Such work is defined by regulation, so not every workstation counts.
Exception
The rules on stopping work do not apply to a person whose employment duty is to save human life or property (Article 210 § 5), for example a firefighter.
The National Labour Inspectorate (PIP)
PIP (Państwowa Inspekcja Pracy) is a state body that checks compliance with labour law, including health and safety rules. Labour inspectors can, among other things:
- carry out inspections at employers,
- issue orders to remove irregularities,
- stop work if a health and safety breach creates a direct threat to life or health (Article 11 of the Act on PIP); such an order is enforceable immediately,
- impose fines on the spot and refer cases to court.
PIP also gives free advice on labour law.
When and how to report a problem
First try to solve the problem inside the company: tell your supervisor, the health and safety service, employee representatives or the social labour inspector, if there is one. If this does not help or the danger is serious, contact the regional labour inspectorate. You can write to the inspectorate or visit in person. Addresses and information are on pip.gov.pl. Be specific: what, where and since when.
Keep evidence, for example photos of the hazard, dates, names of witnesses and letters from the employer. Do not put yourself in danger while doing so.
Special rights of employees
The employer must consult employees or their representatives on health and safety actions, for example risk assessment and training (Article 237¹¹a). Employees may submit requests to remove or reduce hazards.
Key points
- The right to stop work requires two things: a breach of health and safety rules and a direct threat to health or life.
- Always notify your supervisor immediately.
- You keep your pay, and you must not be punished for a justified stoppage.
- PIP inspects employers and can stop work when there is a direct danger.