In June 2012, Liu was hired by a wood processing factory as a saw operator and signed a five-year labor contract. During his time at the factory, he noticed that senior workers in his team were provided with protective glasses and gloves. He then requested the same from the factory, but since he was still in the probationary period and not yet considered a formal employee, the factory refused to supply him with the necessary safety equipment. Frustrated by this lack of protection, Liu decided to file a complaint with the local labor arbitration authority.
The labor arbitration department reviewed the case and emphasized that labor protection equipment is essential for ensuring the health and safety of workers during their daily tasks. These items play a critical role in reducing occupational risks and preventing workplace accidents. According to national labor laws, employers are legally required to provide employees with appropriate safety gear that meets state standards. Specifically, Article 54 of the Labor Law states that employers must ensure safe and healthy working conditions and provide necessary protective equipment. Additionally, Articles 74 and 77 of the "Plant Safety and Hygiene Regulations" outline specific requirements for protective gear, such as goggles, gloves, masks, and ear protection, especially in environments where there are hazards like noise, bright light, sparks, or physical dangers.
The arbitration panel ruled that the factory's refusal to provide Liu with protective equipment was unjustified, regardless of his probationary status. They stated that all workers, including those in the early stages of employment, have the right to receive proper safety gear. The decision highlighted that denying this right violates labor laws and infringes on the fundamental rights of employees. As a result, the factory was ordered to rectify the situation and provide Liu with the necessary protective equipment in accordance with regulations.
The factory accepted the arbitration decision and agreed to issue the required safety supplies to Liu. Liu’s case has now become a notable example of how even temporary or probationary workers are entitled to the same level of workplace safety protections as permanent employees.
Liu Ancai, an attorney at the Shenyang Workers’ and Staff Legal Aid Center, emphasized that all employees, regardless of their position or stage of employment, should be treated equally when it comes to safety and health. He added that if an employer fails to provide adequate protective equipment and an accident occurs, the company could face serious legal consequences. This case serves as a reminder that labor laws are designed to protect workers at every level, and employers must comply with these regulations to ensure a safe and fair working environment.
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