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Workplace safety in North Macedonia: When Can an Employee Refuse Work Tasks in North Macedonia?

Employees in North Macedonia have both the right and the obligation to work safely. The Law on Safety and Health at Work sets out clear rules on when an employee can refuse to perform a work task — and what the employer is legally required to do in response. Understanding these rights is essential for both employees and employers. This page is part of our practice as an employment lawyer in Skopje. For related questions about employment termination or salary rights, see our guides on employment termination and salary allowances for private sector employees.

Understanding Employee Rights in North Macedonia

In North Macedonia, employees have the right to a safe and healthy working environment. It is not only their right but also their obligation to take care of their own safety, as well as the safety and health of their colleagues and anyone else affected by their work activities. This is in accordance with the training and instructions provided by their employer.

Safety Measures and Employee Training

To ensure workplace safety, employees must be well-acquainted with safety and health measures specific to their job roles. Proper training should be provided to empower them to apply these measures effectively. However, there are situations where an employee can refuse to perform certain work tasks, and this typically revolves around immediate danger to their health or life due to the absence of adequate safety measures.

When Can an Employee Refuse Work Tasks?

If an employee finds themselves exposed to immediate danger without the necessary safety measures in place, they have the right to refuse to carry out the task. In such a case, it is essential for the employee to request the removal of the danger from their employer. The employer is legally obligated to take prompt action to address the safety concern.

Reporting Irregularities

In situations where the employer fails to remove the danger or does not comply with the recommendations of an authorized health institution, the employee can escalate the matter to the competent inspectorate. This is a crucial step to ensure that the workplace adheres to the necessary safety standards.

The Right to Information and Health Examinations

Employees also have the right to refuse work tasks if they were not adequately informed about all potential dangers and damages that may occur in the workplace. Additionally, if the employer fails to provide the required health examination as mandated by law, the employee can exercise their right to refuse work until these requirements are met.

2026 Practical Checklist

Employees and employers should verify the following regarding workplace safety rights in North Macedonia: (1) Right to refuse unsafe work — an employee exposed to immediate danger to their health or life, without adequate safety measures, has the legal right to refuse the task. This right cannot be waived and refusal cannot be grounds for disciplinary action if exercised correctly. (2) Request removal of the danger first — the employee must request that the employer address the safety concern before refusing. The employer is legally obligated to respond promptly. (3) Escalate to the inspectorate if the employer fails to act — if the employer does not remedy the situation or ignores recommendations of an authorized health institution, the employee can report to the competent labor/safety inspectorate. (4) Right to information — employees can refuse a task if they were not adequately informed about all potential dangers associated with it. Employers must provide comprehensive safety information. (5) Right to health examination — if the employer has not arranged a legally required health examination, the employee can refuse work until this obligation is fulfilled. 

 

Frequently Asked Questions

Can an employee be dismissed for refusing unsafe work?

No. An employee who lawfully exercises their right to refuse a work task due to immediate danger to their health or life cannot be disciplined or dismissed for doing so. The refusal must be based on genuine immediate danger and the employee must have first requested the employer to address the safety concern.

What counts as immediate danger justifying refusal?

Immediate danger refers to a situation where the absence of adequate safety measures exposes the employee to a real and present risk to their health or life. This is assessed case by case. General discomfort or abstract risks do not qualify — the danger must be direct and serious.

What should an employee do if the employer ignores the safety concern?

If the employer fails to remove the danger or does not comply with recommendations from an authorized health institution, the employee can report the situation to the competent inspectorate — either the State Labor Inspectorate or the State Sanitary and Health Inspectorate, depending on the nature of the hazard.

Does the employer have to provide safety training?

Yes. Employers are legally obligated to provide employees with adequate training on safety and health measures specific to their job roles. Employees must be properly trained before performing tasks that carry safety risks, and the training must be updated whenever working conditions or procedures change.

What is the employee’s own obligation regarding workplace safety?

Workplace safety is not just a right — it is also an obligation for employees. They must follow safety instructions, use protective equipment provided, take reasonable care of their own health and safety and that of colleagues, and report any hazards or unsafe conditions to their employer.

 

Need legal guidance?

If you have questions about workplace safety rights or employment law in North Macedonia, the team at Lalicic & Partners is at your disposal. Contact us through our website.


Note: The above does not constitute legal advice and in no way can be accepted or understood as an instruction to act in a specific case. Each legal situation has its own characteristics that should be reviewed at separately, and for that reason we recommend that you contact a professional – a lawyer – for legal advice.