The right to refuse or to stop work where health and safety in danger

The right to refuse or to stop work where health and safety in danger (the right to refuse work) protects labours from a serious and imminent danger towards their physical integrity and life. Under normal circumstances, when labours' health and safety is in danger, this right is protected and legitimate as part of the labour contract and with the requirement of labour's liability. In terms of using this right, danger is the key term which is limited with 'serious danger' and 'imminent danger'. Danger must be cumulatively serious as well as imminent. The right to refuse work is enacted in the article 13 of the Occupational Health and Safety Act 6331 as an exception of liability to work. When the right to refuse work is exercised in accordance with its purpose, it plays a crucial role in preventing occupational accidents and in easing the consequences of such accidents. Addition to this, by using this right, the labour contract can be resumed and it creates impact on employers to comply their work places with the requirements set forth under the health and safety act. Yet this right is not used as on desired level due to fact that labours have no awareness of this right, and they fear of losing their job and of being mistreated by their employers. As a result, this thesis aims to explain all aspects of the right to refuse work, and to identify the duties/responsibilities belonging to all parties so as to promote the applicability of 'the right to refuse work/ with eliminating all drawbacks.