Refusal to work is a term commonly used in labor law. It refers to situations where an employee refuses to carry out tasks that are part of their job. This can include not showing up for work or refusing to perform a specific task. Refusal to work can arise for various reasons, but regardless of the cause, it can have serious consequences for both the employee and the employer.
What does refusal to work mean?
As an employee, you have an obligation to follow your employer’s instructions, as long as they are within the scope of your employment contract and don’t violate any laws or collective agreements. Employers have the right to direct and allocate work, meaning you’re required to follow the instructions given to you within your role. If you refuse to perform your duties without a valid reason, it can be considered refusal to work.
Some acts that can be considered refusing to work are:
- Refusing to perform tasks that clearly fall within your job responsibilities.
- Not following your work schedule or refusing to come to work without a valid reason.
- Saying no to changes in tasks that are part of your job.
When is it justified?
There are situations where you as an employee have the right to refuse certain work. Some areas where it’s justified include:
- Dangereous situation
If the work poses an immediate risk to your health or safety, you have the right to refuse to perform the task until your employer has resolved the issue. - Illegal orders
If your employer asks you to do something that violates laws or regulations, you can refuse. For example if your employer wants you to breach occupational health and safety regulations. - Changes to working conditions
If your employer makes significant changes to your duties or workplace in a way that conflicts with your employment contract, you have the right to say no.
Consequences of refusing to work
When an employee refuses to work without a valid reason, it can have serious consequences. The employer usually has the right to take action, and in as a worst case scenario, you can be dismissed or terminated. The measures an employer can take include:
- Giving warnings
The most common first step as a response to refusing to work is a warning. This serves as a reminder of your duties and gives you a chance to correct your behavior. - Salary deduction
The employer could decide not to pay you for the time during which you refused to work, since you haven’t fulfilled your obligation to work. - Dismissal
If the refusal to work happens repeatedly, it can lead to dismissal. However, the employer has to have valid reasons, meaning they have to show that the employee’s refusal has seriously affected the workplace or the company’s operations. - Termination
In the most serious cases, refusal to work can lead to immediate termination, meaning the employment ends right away. In this case, the employee doesn’t work during their notice period. Termination is reserved for serious breaches of conduct or when the refusal to work continues despite previous warnings.
Important considerations
It’s important to understand that as an employee, you’re obligated to follow your employer’s instructions, as long as they don’t violate any laws or put your safety at risk. If you find yourself in a situation where you’re considering refusing to perform a task, it’s always best to first talk to your employer to resolve any misunderstandings or disagreements between you.
