Question:
Due to financial hardship, Ms. H accepted and signed a contract to work as a laborer in a stone quarry in a mountainous province, even though she knew that this was physically demanding work, especially for women. Upon arriving at the quarry site, she realized that the work involved dangerous stone mining using explosives. Ms. H refused to work under these conditions. Although the workers were instructed to stay far away from the explosion site, the risk of being hit by flying stones or falling debris posed a clear threat to life and health (another worker suffered a broken leg due to flying debris). The owner of the quarry claimed that Ms. H voluntarily signed the contract for stone mining and therefore must work without refusing. According to the provisions of the law, can Ms. H refuse to work?
Answer:
According to the provisions in point d, clause 1, Article 5 of the Labor Code 2019 regarding the rights and obligations of workers, Ms. H has the right to refuse work if there is a clear and direct threat to her life and health during the course of her work. Given the dangerous nature of stone mining that poses a direct threat to Ms. H’s life and health, she has the right to refuse to work.
In addition, Ms. H also has the following rights and obligations:
1. An employee has the rights to:
1.1 work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
1.2 receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
1.3 establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
1.4 refuse to work if he/she finds that the work directly threatens his/her life or health;
1.5 unilaterally terminate the employment contract;
1.6 go on strike;
1.7 exercise other rights prescribed by law.
2. An employee has the obligations to:
2.1 implement the employment contract, collective bargaining agreement and other lawful agreements;
2.2 obey internal labor regulations, the lawful management, administration and supervision by the employer;
2.3 implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
