Working in extreme heat: When an employee can refuse work

The heatwave currently gripping Serbia has brought temperatures exceeding 35 degrees Celsius, and for employees working outdoors, this also means an increased risk to health. Construction workers, utility workers, farmers, and anyone who performs their job in the sun are entitled to special protection measures that the employer is obliged to provide.

The Ministry of Labour, Employment, Veteran and Social Affairs has previously appealed to employers to organise work in a way that avoids heavy physical tasks and direct exposure to the sun between 11:00 and 16:00, especially when outdoor temperatures exceed 36 degrees.

The Law on Occupational Safety and Health stipulates that every employer is obliged to assess workplace risks and take appropriate measures to protect employees from the consequences of high temperatures.

According to Blic Biznis, if an employer fails to provide the basic conditions for safe work, and there is a serious and immediate danger to the employee’s health, the worker has the right to refuse to work until the working conditions are made safe. Employees can also anonymously report irregularities to the Labour Inspectorate.

What an employer must provide

An employer is obliged to provide employees working outdoors with:

  • Reorganisation of working hours, namely working during the cooler part of the day whenever possible;
  • More frequent breaks in the shade or in cooled rooms;
  • Sufficient quantities of drinking water;
  • Appropriate protective equipment and light, breathable workwear;
  • Training for employees on safe work practices and first aid.

All of these measures aim to prevent heatstroke, dehydration, and other health issues that can arise from working in high temperatures.

When an employee can refuse work

If an employer does not implement the prescribed protection measures, and the work poses a serious and immediate danger to the employee’s health, the worker has the right to refuse to perform the job until safe working conditions are established.

In such cases, employees have the right to inform the Labour Inspectorate about the irregularities, even anonymously.

What the fines are for employers

Heavy fines are prescribed for non-compliance with the Law on Occupational Safety and Health. For legal entities, these range from 1.5 to 2 million dinars; for responsible persons, from 50,000 to 150,000 dinars; whilst entrepreneurs can be fined between 400,000 and 500,000 dinars.

How working during heatwaves is regulated in Europe

An increasing number of European countries are introducing special rules for working during heatwaves. France recently adopted a regulation requiring employers to prevent excessive heating of workplaces and to provide employees with cooling facilities and cold drinking water.

In Germany, numerous companies are shifting the start of working hours to the early morning to avoid the peak heat, whilst some large employers provide workers with cooling equipment, special towels, and other protective gear.

At the European Union level, recommendations include more frequent breaks, regular hydration, adjusting working hours, and the gradual acclimatisation of employees working in high temperatures in order to reduce the risk of health consequences.

(NIN, 29.06.2026)

https://www.nin.rs/ekonomija/vesti/116746/rad-na-vrucini-u-srbiji-kada-zaposleni-moze-da-odbije-posao-i-koja-su-prava-radnika

 

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