Employees often work in conditions that are harmful to their health, including particularly onerous ones. For this reason, they are entitled to a supplement. In this article, we will answer the question of what constitutes harmful conditions, whether employers are obligated to pay such a supplement, and how much it should be.
What are harmful or burdensome conditions?
Currently, there is no precise legal definition of what constitutes harmful or burdensome conditions. However, according to case law, a distinction must be made between working under harmful conditions and working under special conditions.
Harmful working conditions occur when an employee is exposed to a factor that may negatively impact their health. Harmful factors include chemicals, dust, and physical factors such as noise, vibration, and microclimates with extreme temperatures (hot or cold).
Is an employee entitled to an allowance for working in harmful conditions?
The allowance for working in harmful conditions is granted voluntarily by the employer. The employer may introduce the allowance for working in harmful conditions, for example, in the remuneration regulations or in the employee's contract. This means that benefits for working in harmful conditions are not mandatory.
How is the amount of the allowance determined?
The amount of this allowance is usually determined as a percentage of the employee's base salary for each hour worked under specific, harmful conditions. It should also be noted that this allowance is usually paid for days actually worked under harmful conditions, as well as for days when the employee does not work but receives remuneration, such as in the case of vacation leave.
The difference between working in harmful conditions and working in special conditions
Working in special conditions is associated with the acquisition of special rights, which include, among others, a pension, and in the case of working in harmful conditions, the compensation the employee receives is voluntary.
According to Supreme Court case law, "Work in special conditions is work that is significantly harmful to health and significantly arduous, which means that both of these elements (significant harmfulness to health and significant arduousness) must occur simultaneously. Therefore, work in harmful conditions is not the same as work in special conditions. It is necessary that the work is also significantly arduous." (Supreme Court Judgment of 18 January 2018, I UK 510/16).
Therefore, an employee may be entitled to a supplement for working in harmful conditions, provided that this is clearly defined in the employer's regulations or other internal regulations, or in the absence thereof, in the employee's contract. In such a case, the employee will be entitled to claim payment of this supplement, including for days on vacation.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 21, 2024
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