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NEWSLETTER 2011
260
The Obligations of the Employer Regarding Occupational
Health and Safety
2
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Att. Alper Uzun
According the provisions of the Code of Obligations, the employer is
obliged to pay, to treat equally, to supervise, and to protect the employee.
This obligation is related to taking occupational measures and is the most
important equivalent of the obligation of loyalty of the employee.
In the framework of the obligation of supervision, the employer is
obliged to act according to the interests of the employee, to protect and
to help the employer, and to avoid behavior that may harm the employee.
One of the main obligations of the employer within the scope of the
obligation of supervision is to take occupational safety measures.
The concept of occupational health and safety means the provisions
aimed to protect the employee from occupational accidents and illnesses.
The obligation regarding taking occupational health and safety measures
is principally the obligation of the employer.
The main rule regarding this obligation is stated in Chapter 10
entitled “Employment Agreement” in Article 332 entitled “Measures and
Workplaces” of the Code of Obligations Numbered 818. According to
this provision, the employer is obliged to take necessary occupational
measures against the dangers which may occur during work within the
framework of the contract and nature of the work, to provide a healthy
and appropriate workplace, and, if necessary, to provide a healthy place
to sleep.
Employers are obliged to take measures to ensure the occupational
health and safety of their employees and to have all of the necessary
equipment at the workplace pursuant to Article 77 of Labor Act numbered
4857. Also, pursuant to the same article, employers are obliged to control
the measures taken for occupational health and safety and to inform
employees of occupational risks that they face, the measures to be taken,
and their legal rights and obligations. Employers are also obliged to train
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Article of March 2011