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LAW OF OBLIGATIONS
233
The Employers’ Vicarious Liability
The Liability of the one who employs people for work is divided into
four sub-paragraphs in the article 66. Art.66/1 stipulates
‘The employer
is obliged to repair the damage caused to others by this person while
executing the work conferred to him’
. In this respect, the employer is held
directly liable for the damages, resulting from the execution of the work,
caused to others by his workers.
On the other hand, Art.66/2 postulates
‘If the employer proves that he
has acted in due diligence while selecting his worker, instructing him with
his work, supervising and inspecting him, then he is not liable’.
With this
article, a form of release is organized in favour of the employer and some
conditions are set to release him from liability resulting from the damages
caused to third people by the work of his workers. To release the employer
from liability of the damages caused to others by its workers while
executing the work attributed to them three conditions must be proved,
the employer work must have acted in due diligence while i) selecting
his worker, ii) instructing his worker about the work iii) supervising and
inspecting him. The employer will not be held liable as long as he proves
this due diligence requirement.
Art.66/3 stipulates that
‘The employer of an enterprise is obliged to
repair the damages caused by the activities of that enterprise as long as
he cannot prove that the organization of the enterprise is suitable to avoid
the realization of the damages’
. In this respect, in the case damages are
caused due to the activities of the enterprise, if the employer manages to
prove that he has not committed any malpractice in the organization of the
work, then he cannot be held liable, otherwise its liability will persist. If
the work organization of the enterprise is the direct cause of the damage,
the employer cannot rely anymore to free itself from liability on the fact
that ‘
he has acted in due diligence while selecting his worker, instructing
him with his work, supervising and inspecting him’
in application of the
art. 66/2. Because, even if the employer has been acting in a very careful
way, he is personally responsible to organize the enterprise and the work
environment and the worker is not able to prevent such a damage caused
by these factors.