The «right of resistance» based on worker safety and health at work

Abstract

The aim of this study is to analyze the so-called workers' right of resistance for health and safety at work. One of the notes typically define the work under a contract of employment is dependent, so that the worker will develop its work performed within the organization and management of the employer ‒art. 1.1 ET‒. Now management power ‒art. 20.2 ET‒ is not absolute, but must be exercised within the limits of labour laws. Therefore, the duty of obedience of the worker ‒art. 5 c) ET‒ can not assume, contrary to that suggested by the principle of solve et repete, the obligation to fulfill immediately employer's orders, regardless of its legality. Throughout this paper we study the worker's right to refuse unsafe work.