Quick Overview
An employer must provide work clothing, work shoes, and protective equipment free of charge if they are necessary to protect health, safety, or hygiene, or if regular clothing becomes exceptionally worn or soiled while working. The employer may not require the employee to pay for these items or unilaterally deduct the cost from the employee’s wages. Conversely, the employee is obligated to use the provided equipment, care for it according to instructions, and report any damage or loss.
Need to quickly find out whether your employer is required to pay for your work boots, clothing, or protective equipment? Contact us, and we’ll verify what obligations apply in your case.
Personal Protective Equipment—What the Law Says
The Labor Code defines personal protective equipment as follows: “Personal protective equipment is protective gear that must protect employees from risks, must not endanger their health, must not hinder them in the performance of their work, and must meet the requirements set forth in directly applicable European Union regulations.”
These regulations stipulate that such equipment may only be used for its intended purpose and must be properly maintained. Furthermore, it must not endanger the health or safety of people, pets, or property. In addition, it must meet certain standards. These include, for example , ergonomic design , material safety, comfort, lightness, and durability.
The law requires employers to ensure the safety and health of their employees at work. This obligation applies not only to employees but to all persons present at the workplace. This includes, for example, management visitors, members of guided tours, and the like. It is also important to note that these obligations apply not only to the employer but also to employees in managerial positions who are responsible for the safety and health of their subordinates.
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Tip: Are you planning to hire an employee? Labor laws can be complex, and even a minor deviation from them can lead to major problems down the road. We’ll help you navigate these laws and draft an employment contract that complies with the law.
It is important to note that the employer is required to cover all costs associated with ensuring occupational safety and health and may not pass them on to employees, either directly or indirectly. Therefore, your employer cannot require you to pay for your protective work equipment, nor can they automatically deduct the cost from your paycheck.
From our experience in labor law, we know that employers sometimes mistakenly distinguish between “work clothing” and “protective equipment” based solely on the item’s name. However, what matters is not whether the item is called a uniform, shoes, an apron, or gloves, but whether it protects the employee, ensures hygiene, or is subject to exceptional wear and tear or soiling during work.
If your employer deducts the cost of protective equipment from your pay, demands reimbursement, or claims that you must purchase it yourself, don’t wait until a dispute arises after your employment ends. We’ll help you verify whether their actions comply with the Labor Code and suggest next steps.
In addition, your employer must provide you with washing, cleaning, and disinfecting supplies, and in some cases—when employees work in unsuitable microclimatic conditions (e.g., when working in extreme heat or cold)—also so-called protective beverages. A protective beverage is not ordinary water, but rather a beverage that protects against heat or cold. It should be natural mineral or spring water capable of replenishing lost minerals. In addition, the law stipulates that a protective beverage must not contain more than 6.5% sugar and 1% alcohol (and must contain absolutely no alcohol for underage employees).
As an employee, you are required to use protective equipment and notify your employer if it is damaged, lost, etc., so that the employer has the opportunity to repair or replace it.
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Tip: The term“Occupational Safety and Health”(OSH) encompasses a wide range of issues and regulations. Many employers and employees view these areas more as a necessary evil and a mere formality. However, this can change in the event of a serious accident, a labor inspection, or a labor dispute. So how can you prepare so that these events don’t catch you off guard as an employer? You’ll find out in our next article.
What Counts as Personal Protective Equipment
- Head protection: For example, helmets that protect the head from falling objects, electrical hazards, and impacts.
- Eye and face protection: Safety glasses that protect the eyes from flying debris, fumes, dust, and liquid chemicals, or face shields that protect the entire face from splashes, sparks, and chemicals.
- Hearing protection: Earplugs or special hearing protectors.
- Respiratory protection: Dust masks that protect against inhaling dust, pollen, and other particles, or respirators that provide protection against airborne contaminants, including gases and vapors.
- Hand protection: Various types of gloves to protect against cuts, abrasions, chemicals, and extreme temperatures.
- Fall protection: Safety harnesses and ropes that prevent falls from heights and are commonly used in construction and when working at elevated locations.
Work Clothing and Footwear – What the Law Says
The Labor Code stipulates that “In an environment where clothing or footwear is subject to exceptional wear and tear or soiling during work , or where it serves a protective function, the employer must also provide the employee with work clothing or footwear as personal protective equipment.” In this case, work clothing and footwear are therefore treated the same as protective equipment, and the same rules we outlined above apply to them. Your employer must therefore provide them to you and may not ask you for financial compensation or deduct the cost from your pay.
Work clothing is a fundamental part of occupational safety in a wide range of professions. It serves not only to protect against soiling and wear and tear on everyday clothing but also often has a hygienic or safety function. Typical examples include medical scrubs, which prevent the spread of infections, or reflective workwear, which ensures an employee’s visibility when working in hazardous environments.
Work shoes must always be selected with the specific work environment in mind. The Labor Code clearly stipulates that if footwear serves a protective function, it is considered protective work equipment and must be paid for by the employer. Safety work footwear is now manufactured in many styles—ranging from classic sturdy boots to lighter work sandals or work slippers, which are suitable for workplaces where all-day walking is required and hygiene is a priority.
In one typical situation we’ve dealt with in practice, an employer required kitchen staff to purchase their own non-slip work shoes. However, since this footwear was necessary for safe movement on wet and greasy floors, it was not considered a standard personal item for the employee. In such a case, a strong argument is that the footwear serves a protective function and should be provided by the employer.
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Tip: If your employer has terminated your employment in any way, we will protect all of your rights. With us, you can be sure you won’t be shortchanged.
What Types of Clothing and Footwear Are Considered Personal Protective Equipment
Whether work clothing and footwear are considered personal protective equipment at work is determined based on whether they are subject to wear and tear, soiling, or whether they fulfill a protective function. The Labor Code does not specify exactly what constitutes wear and tear or soiling. In practice, however, it is generally assumed that work clothing is considered personal protective equipment if, after one year of use, it is no longer usable and no longer serves its purpose.
This may include, for example, clothing and footwear worn in dirty workshops where rapid soiling and wear and tear occur. In addition, it is also customary for employers to cover the costs of clothing and footwear for employees for hygienic or technological reasons. This would include, for example, work clothing and footwear for chefs and those working in the food industry. If your employer requires you to wear uniforms, they usually contribute toward the cost or provide them to you for free. However, if you have your own special work clothing that is not considered protective gear, then you must pay for it yourself.
Similarly, we encountered a case where an employer claimed that overalls were merely part of the “work dress code.” However, employees wore them in a work environment where clothing wore out quickly, became stained with oil, and it was impractical to perform their work in regular clothing. In such a situation, it is not just a matter of the employee’s appearance, but of working conditions and the rate of wear and tear.
It is precisely the line between ordinary work clothing and protective gear that is most often disputed in practice. If an employer claims that work boots, uniforms, or clothing are not their responsibility, we can assess the specific working conditions and prepare a case based on the Labor Code.
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What types of workwear, footwear, and protective equipment are used in various occupations
- Laborers and construction workers: These workers typically wear reflective work clothes, hard hats, work shoes with steel or plastic toe caps, and work gloves to protect themselves from falling objects, machinery, and other hazards on construction sites and in workshops.
- Healthcare workers: Healthcare workers wear white medical uniforms. In addition, they also wear white medical footwear. This footwear should be breathable and orthopedic—which is why you’ll often see open-toed sandals or slippers. This clothing and footwear is designed not only to maintain cleanliness and prevent the spread of infection, but also to ensure comfort throughout the day. In addition, healthcare workers may wear personal protective equipment, such as gloves, masks, and gowns, in certain situations.
- Electricians: Electricians often wear flame-resistant clothing, insulated gloves, and safety goggles to protect themselves from electric shock and burns.
- Chemical and Laboratory Workers: Workers in laboratories or industries that handle hazardous chemicals wear special protective clothing, such as lab coats, goggles, and gloves, to minimize exposure to chemicals.
- Cooks: Kitchen staff typically wear white work uniforms and white non-slip work shoes to prevent burns, cuts, and slips.
- Farmers and agricultural workers: Those who work in agriculture may wear specific clothing, such as coveralls, hats, and waterproof work shoes, to protect themselves from exposure to pesticides, the sun, and other elements.
- Welders: Welders wear flame-resistant clothing, welding helmets, and gloves to protect themselves from sparks, heat, and UV radiation during welding.
Summary
Work clothing, work footwear, and protective work equipment must be provided by the employer to employees free of charge when they are necessary to protect health and safety, ensure hygiene, meet technological requirements, or when regular clothing becomes exceptionally worn or soiled during work. Typically, this includes safety footwear, non-slip shoes, reflective clothing, gloves, eye protection, hearing protection, respiratory protection, or work clothing in the healthcare, food processing, and food service industries. The employer may not pass these costs on to the employee or deduct them from wages without further justification. Conversely, the employee is obligated to use the provided equipment, take care of it, and report any damage. If you disagree with your employer about whether a specific item of clothing or footwear should be paid for by the employer, it is worth assessing the actual function of the protective equipment and the working conditions, not just its name.
Frequently Asked Questions
Can my employer deduct the cost of work boots or work clothes from my pay?
No, when it comes to work shoes, clothing, or protective equipment that the employer is required to provide for safety, hygiene, or due to excessive wear and tear. Deducting these items from an employee’s wages without a legal basis or a valid agreement can be problematic.
Do I have to return my work clothes when I leave my job?
Yes, if the items belong to the employer and nothing else has been agreed upon. The employer may require the return of tools, clothing, or footwear that it provided to the employee for the performance of work.
What if I buy my own work shoes and my employer refuses to reimburse me for them?
First, request a written statement explaining why the employer believes the footwear is not considered mandatory work gear. If the footwear serves a protective, hygienic, or safety purpose, a claim for reimbursement may be well-founded.
Is my employer required to cover the cost of cleaning my work clothes?
For work clothing that serves as protective gear or is required for hygiene reasons, the employer typically covers not only the cost of purchase but also maintenance. This depends on the specific workplace, the risks involved, and the employer’s internal policies.
Is a uniform the same thing as protective work clothing?
Not always. A uniform may serve only to ensure a consistent appearance among employees. However, if it also protects health, ensures hygiene, or is subject to exceptional wear and tear during work, it may be treated similarly to work clothing.
