Labor Laws and Regulations
Cases Where Employees Refuse to Work but Still Receive Payment
Jan
Cases where the employee refuses to work but is paid wages. This can happen when there are special conditions such as working in an unsafe environmental condition or when the work exceeds their capabilities.
I. Article 6 of the Law on Occupational Safety and Health 2015: Rights and Protection for Employees
In the legal system regarding occupational safety and health, Article 6 of the Law on Occupational Safety and Health 2015 plays an important role, helping to ensure rights and protection for employees. According to this regulation, employees have full rights:
First, they are guaranteed a fair, safe, and hygienic working environment. This requires the employer to be responsible for ensuring safe working conditions at the workplace.
Second, employees have the right to request full information about hazardous factors and preventive measures. At the same time, they are trained and instructed in occupational safety and health to protect themselves.
Another important right is the regime of labor protection and health care. Employees have the right to be covered by insurance for occupational accidents and diseases and to fully enjoy the benefits for unfortunate situations that occur.
Finally, Article 6 also stipulates the right to refuse to work or leave the workplace and still be paid in full when there is a risk threatening life or health. However, this requires them to immediately notify the manager to take safety measures and ensure work only continues when all risks have been overcome. Article 6 of the Law on Occupational Safety and Health 2015 is not only legal protection but also a basis for creating a positive and safe working environment for employees.
II. Cases where Employees Refuse to Work but Still Receive Wages
In labor practice, special situations arise where employees refuse to perform certain tasks but still have their wages guaranteed. This can happen when employees agree to work in unsafe conditions or when there is a risk threatening their life and health. They are not violating labor discipline rules; on the contrary, they are proactively reporting the dangerous situation immediately to their direct manager.
The right to refuse work while still being paid is an important provision in the Law on Occupational Safety and Health 2015. This is not only legal protection for employees but also an expression of the emphasis on occupational safety and health. In this context, it is necessary to understand and correctly assess the level of danger to propose remedial measures, create a positive working environment, and ensure the rights of employees.
III. Legal Basis for the Right to Refuse Work in Dangerous Cases
The legal basis for the right to refuse work in dangerous cases is clearly defined in the Law on Occupational Safety and Health 2015. According to Article 6 of this law, employees have the right to refuse to do work or leave the workplace and still be paid in full. This places a great responsibility on the employer to ensure a safe and hygienic working environment.
Employees are not considered to be in violation of labor discipline when they refuse to work when clearly aware of the risk of an occupational accident threatening their life or health. However, the important thing is that they must immediately report to the manager to take remedial measures and only continue working when all risks have been eliminated.
This is not only legal protection but also a mechanism that helps create a safe working environment, promoting attention to the health and safety of employees in all occupations.
IV. Employer’s Responsibility in Safety Management
The employer’s responsibility in safety management is an important aspect of the Law on Occupational Safety and Health 2015. According to Article 7 of this law, employers must proactively develop and implement measures to ensure occupational safety and health at the workplace. They need to coordinate with agencies and organizations to create a safe working environment and work jointly with specialized units.
In addition, employers must provide training and guidance on regulations, rules, procedures, and measures to ensure occupational safety and health. They are responsible for fully equipping means and tools to ensure safety at the workplace and implementing the labor protection regime.
Employers are also not allowed to force employees to continue working when there is a risk of an occupational accident seriously threatening health or life that has not yet been rectified. This places on them the responsibility for health care, safety inspections at the workplace, and full implementation of the regime for employees. This is not only a legal obligation but also the basis for building a safe, positive, and responsible working environment.
V. Consequences when employers force employees to work in dangerous conditions
The consequences when employers force employees to work in dangerous conditions can be severe and affect both parties. Article 22 of Decree 12/2022/ND-CP clearly stipulates a fine from 30,000,000 VND to 40,000,000 VND for employers who force employees to continue working when there is a risk of an occupational accident seriously threatening their health or life, which is not in accordance with the law.
The legal consequences are not limited to fines but also affect the reputation of the business. Violating occupational safety rules can lead to a loss of employee trust, affect the company’s image, and its ability to attract personnel.
In addition, if an occupational accident occurs due to dangerous conditions caused by the employer, the legal consequences also include the responsibility to compensate the affected employee. This can increase the financial and legal pressure on the business.
In summary, forcing employees to work in dangerous conditions not only brings legal and financial consequences but also threatens the reputation and sustainability of the business.
VI. Safety prevention measures in dangerous work cases
Safety prevention measures in dangerous work cases play an important role in protecting the health and lives of employees. First, risk assessment is a key factor, helping to identify and assess the danger level of the work. This helps determine the necessary measures to minimize risk.
Implementing training and education for employees on safety is another important measure. This helps them understand the potential risks and how to respond when working in a dangerous environment.
Using personal protective equipment is an effective measure to reduce the risk of occupational accidents. Providing and ensuring proper use helps protect employees from potential hazards.
Conducting periodic inspections and maintenance of equipment and work tools is also an important preventive measure. This ensures that all equipment is working correctly and reduces the risk of accidents due to breakdowns.
Finally, encouraging a positive and safe working environment by creating a corporate culture that promotes attention to safety and health in all work activities.
VII. Business owners need to comply with occupational safety regulations when employees refuse dangerous work
Business owners play an important role in ensuring occupational safety when employees refuse to work in dangerous conditions. Article 6 of the Law on Occupational Safety and Health 2015 clearly stipulates the rights and responsibilities of business owners in this situation.
Business owners need to understand that employees have the right to refuse work if they feel there is a risk threatening their life or health. In this case, the business owner not only needs to respect the employee’s decision but also must take measures to remedy the dangerous situation.
In addition, business owners need to support employees by providing full information about risks and preventive measures. They also have a responsibility to train employees on occupational safety and health, raising awareness of regulations and their rights.
Properly complying with occupational safety regulations not only protects employees but also helps maintain the reputation and sustainability of the business in the community and the labor market.
VIII. Occupational Safety Training Capacity of An Toan Nam Viet
An Toan Nam Viet is a reputable and high-quality center specializing in occupational safety training (in many different languages such as English, Chinese, Japanese, Korean….) in Vietnam today. With occupational safety training sessions held continuously at workshops, factories, or construction sites across the country (63 provinces in Vietnam).
REGISTER FOR OCCUPATIONAL SAFETY TRAINING SERVICE
Occupational safety training license
- An Toan Nam Viet has been inspected and certified by the Department of Work Safety of the Ministry of Labor – Invalids and Social Affairs as qualified to conduct occupational safety and health training. This further strengthens our operational capacity in occupational safety training.
Documents and Lectures
- Before occupational safety training materials are used in OSH training courses, they are reviewed and censored to ensure that the lectures are always factually correct and effective when applied.
- The teaching methods of the instructors are synchronized according to the teaching standards of An Toan Nam Viet, which is a method that experts in occupational safety and health training have researched and concluded during the teaching process to bring the highest knowledge acquisition efficiency for trainees.
Facilities
- Controlling factors in the classroom that affect the training process will increase teaching efficiency and trainees’ knowledge acquisition.
- Facilities supporting the training course always arrange spacious classrooms that meet standards for area, lighting, training equipment, etc…
IX. Nationwide occupational environment monitoring center
Occupational environment monitoring center of Nam Viet is a professional unit for monitoring and measuring the quality of the occupational environment in all provinces in Vietnam. With a team of experienced monitoring specialists, the center uses modern measuring equipment, ensuring accuracy and reliability.
REGISTER FOR OCCUPATIONAL ENVIRONMENT MONITORING SERVICE
In addition to providing monitoring services, the center also supports customers in planning, handling, and monitoring occupational environment issues. With the motto “customer is the center”, always bringing customer satisfaction, meeting all customer needs, and committing to providing the best solutions for businesses.
With investment in techniques, technology, and human resources, Nam Viet’s monitoring center has become one of the reputable units in the field of occupational environment monitoring in Ho Chi Minh City with the following objectives:
- We always value our brand reputation and the quality of our products and services.
- We provide customers with the best and most suitable things possible.
- Along with a team of experienced and specialized Masters and Engineers with a desire to protect the environment and benefit businesses.
- Coming to Nam Viet’s Environmental Monitoring team, your company will receive professional service with experts in the monitoring field. At the same time, you will get the best cost incentives.
The occupational environment monitoring implementation process at Nam Viet includes the following basic steps:
- Before implementing occupational environment monitoring, our company always ensures that machinery and equipment for occupational environment monitoring are calibrated and verified in accordance with legal regulations.
- Implement the occupational environment monitoring process correctly and fully as committed to the Department of Health.
- Truthfully report the occupational environment monitoring results to the employer.
- In case the occupational environment monitoring results do not ensure safety for employees, Nam Viet company will support proposing remedial solutions and the labor facility will implement as follows:
- Implement measures to improve working conditions to minimize the impact of harmful factors and prevent occupational diseases.
- Organize health check-ups for early detection of occupational diseases and work-related diseases for employees in positions with unsecured occupational environments.
- Provide in-kind allowances for employees according to labor laws.
