Turkish Labor Law
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As industrial accidents became a current issue in the country, we found it important to remind the duties of employer related to occupational health and safety, because failing to carry out these duties might cause Employer being liable to serious administrative and criminal sanctions.
We had also published an article on amendments to Workers’ Obligations as a legal news in our site of February 2015.
Regulations aimed at ensuring health and safety of workers and workplaces; duties, authority and responsibilities of employers and employees are laid down in Occupational Health and Safety Law No. 6331.
Further we will discuss the administrative fines and potential sanctions stated in “Turkish Code Of Obligations”, and “Criminal Cod”
General Duties of Employer
Occupational Health and Safety Law No. 6331, Article 4 under the title of General Duties of Employers clearly states the responsibilities of Employers.
General Duties of Employers
Article 4 – (1) It shall be the duty of employer to ensure the health and safety at work of all his employees. In this respect, employer shall;
(a) make and maintain arrangements; to prevent occupational risks, to take every necessary measures including the provision of information, instruction and training, as well as provisionof tools and equipment, to update the health and safety precautions to the changed situation, to promote and develop the current situation,
(b) oversee and supervise whether the health and safety precautions in workplace are properly abided by, and eliminate any improperness,
(c) make risk assessment or have it made,
(d) whileassigning a task, take into consideration the employee’s suitability to it as regard to health and safety,
(e) take the necessary precautions to prevent unauthorized employees gain access to life-threateningand special hazard areas.
(2) Having external service from specialists or specialized agencies shall not renderemployers free oftheir responsibilities related to health and safety.
(3) Obligations of employees related to health and safety shall not affect the Employers’ responsibilities.
(4) Employers shall not reflect any cost arising from measures on health and safety at work to employees.
Liability of Negligent Employer
•Administrative Fines
In case of non-compliance with said Law of No. 6331 and relevant Regulation severe administrative fines shall be applied in accord with the degree of non-compliance.
•Turkish Code Of Obligations
In case of death and bodily harm of employee, material compensation and damages for pain and suffering can be ruled by court. Some of these are; funeral expenses, and treatment costs, compensation for loss of support, compensation for incapacity to work and suchlike.
•Criminal Cod
It should be noted that in case of “negligence” or “intentional negligence” negligent employer might face serious penalties by court decision.
Pursuant to Criminal Cod, Article 22, paragraph
(2) Negligence is failure to take proper care or precaution during performance of an act without being aware of legalconsequences of the crime defined in the laws;
(3) Where an act of person creates the legal consequence defined in the laws beyond his will, this is considered asintentional negligence.
In case of employee’s death at work due to negligence of safety at workplace, this described as Negligent homicide
in Criminal Cod.
Article 85-(1) Any person who causes death of a person by negligent conduct is punished with imprisonment from three years to six years.
(2) If the act executed results with death or injury of more than one person, the offender is punished with imprisonment from three years to fifteen years.
Having Healthy And Safe Workplaces
Even having external service from specialists or specialized agencies shall not renderemployers free of their responsibilities related to health and safety, it is important to select a competent agency specialized in the field to keep your employers and business safe.
We wish you healthy and safe workplaces.
Source:www.datassist.com
