The Labour Code, which governs the relationship of employer and employee, it is assumed that the subordinate is obliged to comply with the instructions of the supervisor. As the official orders are treated at the same time, not only those related to each activity performed by the employee, but also related to the general employment duties, including, for example, under the command of care for the welfare of the obligation of the employer and protect his property. For refusing to comply with instructions in a worker runs the risk of negative consequences, including disciplinary dismissal.
However, the law also provides for cases where the employee can refuse employer.
1. When the command is inconsistent with the contract
First of all, direct the employer should be consistent with the type of the agreed work and related to its execution. To perform a particular job at a particular position of a person agrees to when signing the contract.
An employee may therefore oppose the employer, if he breaks the rules, for example, entrusts him a job unrelated to their qualifications employed – this happens when a person working as chief accountant ordered duties in respect of the legal employer.
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However, there are situations where the employer may instruct the employee to work outside the scope of his duties, but they are strictly defined by law. These include two cases:
- the time the employee is assigned a different job if the employer’s legitimate needs for a period not exceeding three months – the new job must be more consistent with the employee’s qualifications and do not lead to a reduction in his salary;
- downtime – the employer may require the employee to then provide other suitable work.
2. When the command is in breach of the rules of social
An employee may refuse to execute the command of the employer even if this is abusing its powers flowing from the principle of subordination of the employee and acts contrary to the principles of social coexistence.
It may be so be, for example, if the employer is ordered to work overtime constantly only one employee, realizing that he takes care of a seriously ill family member.
3. When the command is unlawful
Another example, when an employee may, and even has a duty to oppose the employer, is when instructed to do so violates the law.
The law clearly define the limits subordinate employee – is not just about labor laws, but also other regulations, including criminal law. The employee should have at least the same verify that commands issued by the employer shall comply with the law. For example, if the employer asks the accounting falsification of documents should refuse.
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Also, pregnant women, which contracted to carry out the work of a Prohibited during this period – the types of such The Labour Code sets out the work, it is, inter alia, night work – has the right to object to such a decision.
4. When the command threatens the lives and health
In addition, if the working conditions do not conform to safety and pose a direct threat to the health or life of the employee, or threaten another person, the employee is entitled to, to refuse to execute commands on the provision of work . Ensuring safe and healthy working conditions is, in fact the basic obligations of the employer.
In this case, the employee may may dismiss themselves from danger and then notify the supervisor. For example, a person who is not entitled to operate the forklift, may refuse to work on such equipment. An employee shall not be held at the same time any negative consequences of their behavior, including reserves the right to remuneration.
These rules do not apply to an employee whose duty is to save human life or property, including the protection of personnel and property, lifeguards or members of the fire department.
5. When the mental and physical condition does not allow any work
Refuse to execute commands on the provision of work can also worker whose psychophysical state does not provide a safe working practices and poses a threat to others.
It’s not just about employees that perform activities listed in the regulation Minister of Labour and Social Policy of 28 May 1996. On the types of work requiring special medical fitness (Journal of Laws No. 62, item. 287) – can include, inter alia, the work of drivers of buses, trams tram drivers and air traffic controllers.
In this case, the employee may refrain work only after the notice of the supervisor. Employed, however, should not pay for time off, because the cause of interruption of work in this case is subjective.
Legal basis
The Act of 26 June 1974. Labour Code (OJ 1974 No. 24, item. 141)
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