In the workplace, an employee is not a powerless performer. He can and should not only indulge the manager's decisions and do his job responsibly, but also defend his rights.
In the workplace, there are times when an employee does not have to complete a task or order from senior management and he may refuse to work.
Transfer to another position
The main reasons for refusing to work may be activities that were not provided for by the contract with the employee, or dangerous work that threatens his life and health. The first case is more common in manufacturing and company offices. For example, an employee without his consent is transferred for a long time to another department for a similar position. But after the transfer, it turns out that this position is lower and the salary is lower. In this case, the employee can legally refuse to work without any negative consequences for himself, since the employer violates the law. It is possible to transfer an employee to another position or place without his knowledge only for a period not exceeding 1 month and only in case of emergency, for example, to replace an employee during illness or vacation, in case of force majeure at the enterprise. If, at the same time, the qualifications for the new position are lower than that of the employee, the transfer is completely impossible without his written consent.
If we talk about the salary, then even in the case of a temporary transfer, the employer cannot make it less than the employee's usual earnings. If the employer wants to officially change the employment contract and these changes affect wages and positions, then he must notify the employee 2 months before the document comes into force, while justifying the reasons for such a decision and securing the employee's consent. In this case, you can refuse to transfer, but it is better to make a refusal in writing so that, if necessary, have confirmation for the court or proceedings with the authorities.
If they do not intend to transfer you, but they entrust you with unnecessary duties, for the performance of which, moreover, they do not pay, this is also a reason for rejecting the excess load. All duties of the employee must be spelled out in the employment contract and job description, if any at the workplace. In the event that the instructions do not relate to the prescribed duties of the employee, they can be safely ignored. However, the labor code allows the employer to entrust the employee with additional functions, but work in excess of the norm must be paid accordingly, and the employee himself must agree with its implementation, in connection with which he must submit an application in writing.
Threat to life and health
If unfavorable conditions for the life and health of employees arise at work, they are not obliged to carry out such assignments, even if they are provided for under an employment contract or job description. When an employer does not care about protective equipment for their employees, they have every right not to put their health at risk without further disciplinary action. To do this, of course, you need to study in advance and know exactly what protective equipment and clothing are required by law or contract.
However, there are positions in which it is impossible to suspend or refuse work under any circumstances. These are employees of the armed forces, civil servants, workers employed in hazardous industries, as well as helping the population - rescuers, ambulance workers, communications, gas and water supply. It is forbidden for all employees to stop working in the event of a state of emergency or martial law in the country.
