Who is entitled to the allowance for work in harmful conditions?
The allowance for work in special conditions is a special benefit that is payable to employees who perform work in conditions that may have a negative impact on their health or life. Harmful conditions may include exposure to toxic substances, harmful chemicals, radiation, noise or weather conditions.
An allowance for employees employed in harmful conditions may be granted to employees who perform work in places or conditions that are considered harmful to health or life. Examples of industries where this additive is often used are the chemical industry, mining, energy production, metallurgy and heavy industry. There, a harmful additive is often used.
The allowance you are entitled to and the amount of it are usually determined by the laws, regulations or collective agreements that apply in your country. Eligibility requirements may vary by jurisdiction. The basis is also the regulation of the Council of Ministers and the provisions of the labor law.
In some cases, the employer is required to carry out risk assessments and measurements to determine whether the employee is exposed to harmful factors. If the employee meets certain criteria and works in harmful conditions, it is possible to receive financial compensation and early retirement.
The obligation to pay Harmful Work Allowance may be governed by law, collective bargaining agreements or employer policy. Sometimes employers are covered by an autonomous cash benefit for employees.
In Poland, in accordance with the Act of March 30, 2018 on special solutions related to ensuring the continuation of activity by employees of the National Labor Inspectorate, known as the „PIP” Act, the employer is obliged to pay an allowance for work in harmful conditions if the employee is exposed to harmful to health or life The amount of the allowance is determined by the minister responsible for labor and may vary depending on the type and degree of exposure to harmful factors.
According to the Labor Code, it is the employer’s duty to ensure safe working conditions. If employees are in contact with harmful factors, e.g. related to the presence of toxic substances, noise, radiation or other factors hazardous to health, there are specific regulations that protect employees.
The employer is obliged to carry out an occupational risk assessment and adapt working conditions to the requirements of occupational health and safety. If harmful agents are present in the workplace, the employer should take appropriate precautions, such as the provision of appropriate protective equipment, the provision of safety training, the monitoring and control of harmful agents, and the use of technical and organizational measures to minimize risks.
Employees working in harmful conditions are entitled to additional benefits, such as an allowance for working in harmful conditions or reduced working hours. In some cases, they may also be entitled to special medical examinations or health services.
In the event of a violation of the provisions of the Labor Code regarding occupational health and safety, the employee has the right to report it to the relevant labor supervision authorities. Labor inspectors can carry out workplace inspections and impose penalties on the employer if they find violations.
The „harmful allowance” for work in special health conditions is regulated by Polish law, including the Labor Code. Workers employed in workplaces with harmful or strenuous factors may be entitled to additional compensation for exposure to such conditions.
The amount of the harmful allowance for work in harmful conditions depends on many factors, such as the type and degree of harmfulness of the factor present in the workplace and applicable regulations. In practice, these allowances may be determined on the basis of collective labor agreements, remuneration regulations or decisions of the employer.
It is worth noting that the detailed rules regarding allowances for work in harmful conditions may vary depending on the industry and profession. For example, workers exposed to toxic substances, dust, noise or ionizing radiation may be entitled to allowances that compensate them for the health risks associated with their work.
Harmful working conditions are conditions in which employees are exposed to factors that may adversely affect their health or safety. These can be various types of chemical, biological or physical substances, such as:
- Toxic Substances: Harmful chemical substances such as pesticides, industrial chemicals, heavy metals, organic solvents that can cause poisoning, skin irritation, respiratory system or other diseases.
- Dusts and fumes: Working in places where dusts, fumes and aerosols are present can lead to lung damage, allergies or other health problems.
- Noise: Prolonged exposure to noise above the permissible limits can cause hearing damage, sleep problems, stress or loss of concentration.
- Radiation: Working in industrial plants, medical laboratories or other places where ionizing or non-ionizing radiation is present can be harmful to health, causing tissue damage, cancer or other serious illnesses.
- Physical Conditions: Working in extreme conditions, such as high or low temperature, high humidity, high pressure, can affect the health and comfort of workers.
Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.
