Worker's right to refrain from work in Occupational Health and Safety Law

Workers cannot be expected to continue working in a life-threatening work environment. The right to life enshrined in the Constitution includes the worker's safe employment. This constitutionally recognized right, it is embodied in the right to refrain from work enshrined in ISGK article 13. Pursuant to the said provision; the worker, who is faced with a serious and imminent danger, can use right to refrain from working by applying to the board in workplaces with an occupational health and safety committee and by applying to the employer in workplaces where there is no committee. If the danger is serious, imminent and unavoidable, the worker may refrain from working based on own subjective decision. Since the right to refrain from work is used before the damage occurs, it has an active role in the prevention of work accidents and occupational diseases. Although the worker may terminate the contract with just cause due to the danger of occupational health and safety, the use of the right of termination by the worker will eventually cause to lose her/his job. The worker, who uses right to refrain from work, is entitled to wages by keeping the employment contract alive and forces the employer to take occupational health and safety measures. In this context, exercising the right to refrain from working is more advantageous for the worker compared to the institution of termination for just cause. On the other hand, in practice, it is seen that the right to refrain from work is not used sufficiently by the workers. The main reasons for this situation are; workers do not have sufficient awareness about the use of the right and it is the fear that the contract of the workers who avoid working will be terminated by the employer.