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

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

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

The danger may be individual or collective.

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

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

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

Depending on the urgency, the information can be transmitted orally first. Subsequently, however, it is preferable to provide the employer with a written statement, even if it is not mandatory. For example, a mail, a hand-delivered mail against signature or in registered letter with acknowledgement of receipt.

No, the employee exercising his right of withdrawal in a justified manner cannot be punished or licensed by the employer for this reason.

Employees who are penalized or dismissed for exercising their right to withdraw may challenge the employer's decision in referring the case to the labor court.

The duration of the right of withdrawal is not predefined. It can be prolonged as long as the dangerous situation exists.

It also depends on the measures taken by the employer once it has become aware of the employee's situation.

The employer shall take the necessary measures and give the necessary instructions to enable workers, in the event of serious and imminent danger, to stop their activity and to get to safety by leaving the workplace immediately.

The employer may not ask the employee who has exercised his right of withdrawal to resume his activity in a work situation where a serious and imminent danger persists resulting in particular from a defect in the protection system.

Yes, the employer shall pay the employee normally during the period in which he exercises his right to withdraw from justified manner.

In case of dispute with his employer, the employee whose salary is reduced due to his right of withdrawal may challenge the employer's decision in referring the case to the labor court.