The Right to Refuse Work

Occupational health and safety is considered a fundamental human right. In this regard, the Universal Declaration of Human Rights recognizes that everyone has the right to work in just and favorable conditions. Likewise, the 49th article of the Turkish Constitution includes a provision, indicating that the State is obliged to take the necessary measures in order to protect the employees. Therefore, if the right to work in healthy and safe conditions cannot be ensured in workplaces, then, the employees will naturally exercise their rights to refuse work. The right to refuse work can be found in Article 13 of the Turkish Occupational Health and Safety Law No. 6331. According to this provision, employees are able to exercise their right to refuse work if they are faced with a serious and imminent danger. Nevertheless, according to the legislation in force, it is almost impossible for the employees to exercise their right to refuse work. In this study, first of all, the concept, definition, scope and legal basis of the right to refuse work are explained. Then, the conditions necessary for exercising the right to refuse work are indicated. Finally, the difficulties to exercise the right to refuse work are examined, an evaluation is made and suggestions are brought on how to overcome the difficulties regarding the exercise to refuse work.