Case 1.
It is getting colder outside. Can I refuse to work on a building site when the weather conditions are unsuitable for carrying out tasks?
Let’s start by saying that when work is carried out in the open air
or in unheated premises during periods of low temperatures, the employer must provide employees with a room to warm up in, and if this is not possible – a portable heat source located near the workplace.
If the employer has provided neither a room to warm up in nor portable heat sources, employees, in accordance with Article 210 of the Act of 26 June 1974 – Labour Code (Journal of Laws 2020, item 1320, consolidated text), have the right to refrain from performing work, raising the objection
that the working conditions do not comply with health and safety regulations.
If the employer fails to provide suitable conditions for continued work, employees have the right to leave the workplace, provided they inform their supervisor of this on each occasion.
Case 2.
Do I have to buy the warm clothing needed for work myself, or should my employer provide it?
When work is carried out outdoors or in unheated premises at an ambient temperature below 10°C, the employer must provide employees with insulated protective clothing. The employer is also obliged to provide hot meals and drinks.
However, it is important to remember – something employees themselves often forget – that the clothing they receive does not become their property. The employee is merely the user of the clothing; therefore, if the clothing has been entrusted to them with an obligation to return it or account for it, they are liable for any damage caused to it.
Case 3.
The employer has suspended work due to heavy rain. I am ready to work, but I cannot do so. What about my pay?
Pursuant to Article 81(4) of the Act of 26 June 1974 – Labour Code (Journal of Laws 2020, item
1320, consolidated text), an employee engaged in work dependent on weather conditions is entitled to remuneration for downtime caused by such conditions, provided that labour law so provides.
Firstly, it must be assumed that paving work is work dependent on weather conditions.
Consequently, the right to remuneration for downtime caused by weather conditions will depend on the existence of relevant provisions included in the internal pay regulations in force at a specific employer. In the absence of such provisions, it must be assumed that the downtime in question constitutes an unpaid period for employees.
This rule does not apply in all cases, as the employer may instruct the employee to perform other work for the duration of the downtime caused by weather conditions. In such circumstances, the employee retains the right to the remuneration provided for the work performed.
