Can an employee refuse to work if he thinks he is exposed to a dangerous situation?

The right of alert allows the employee to alert the employer of any employment situation which he has reasonable grounds for believing to present a serious and imminent danger for his life or health. The employee also alerts the employer of any defect which it finds in the protection systems.

The right of withdrawal allows the employee to refuse to take up work or leave, without the prior consent of his employer.

When the employee thinks he has a reasonable grounds to believe in a possible danger, he may to exercise validly his right of withdrawal.

One serious threat to the health or safety of employees must exist and the situation must be characterized byurgency to react.

The danger may be individual or collective.

The origin of the danger can be diverse, for example:

• Defective vehicle or work equipment not complying with safety standards
• Absence of collective or individual protective equipment
• Hazardous manufacturing process
• Risk of aggression.

The employee inform the employer or his manager exercise of his right of withdrawal by any means.

Depending on the urgency, the information can first be transmitted orally. Afterwards, it is preferable, however, to provide the employer with a written statement, even if it is not mandatory.

For example, a mail, a letter in hand against signature or in registered letter with acknowledgement.

The employee may also inform the members of the ESC: titleContent.

No, the employee exercising his right of withdrawal in a manner that legitimate cannot be sanctioned or licensee by the employer for this reason.

An employee who is penalized or dismissed because of his right to withdraw may challenge the employer's decision in referring the matter to the labor council.

As soon as it is alerted by the employee, the employer must respect his duty to protect the health and safety of employees in rapidly ending the situation of danger serious and imminent.

It must take the necessary measures and give the necessary instructions to enable employees to to cease their activity and of secure leaving immediately the workplace.

The employee may exercise his right of withdrawal and interrupt his activity until the employer has put in place appropriate protective measures ending the dangerous situation.

The duration of the withdrawal may vary depending on the seriousness and imminence of the danger, but also on the measures taken by the employer as soon as he is aware of the situation.

The employee may terminate his right to withdraw and resume his work as soon as he thinks that all danger is eliminated.

Yes, the employer shall pay the employee normally during the period in which he exercises his right of withdrawal legitimate.

In the event of a dispute with his employer, the employee whose salary is reduced because of his right to withdraw may challenge the employer's decision in referring the matter to the labor council.