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Universal Declaration of Human Rights of 1948 emphasizes
“Everyone has the right to work, to choose its professions and to work
in fair and convenient working conditions.”
Yet, numerous internation-
al agreements regulate that everyone must have fair and convenient
working conditions and that the workplaces must provide the necessi-
ties of labor health and safety.
The Labor Act numbered 4857 which is currently in force remains
limited only with the employees working within scope of a labor con-
tract. Hence, a part of employees in the country stays out of the scope
of the Labor Act and for this reason, they cannot benefit from the ser-
vices concerning the labor health and safety.
Today, taking into consideration the changes in the definition of
employee and working place, it can be accepted the insufficiency of the
definition of the employee as a working person attached to employer
and working place in exchange for a payment. In several country, the
notion of worker steps forward rather than the notion of employee.
Therefore, without making any discrimination, the health and safety of
all the workers must be provided against the risks rising from the work
during the exercise of profession even if they are not attached to a work
place.
Therefore, the purview of the Code is the existence of a difference
between the national health and safety legislation and the provisions
accepted internationally and the existence of a necessity of its amelio-
ration. The reason of the publish of this Code is also the fact that the
employees encounter the dangers in the working place during their all
working life, that there is a necessity to take precautions to protect the
health and safety of workers in the workplace and that the frequency of
occupational accidents and diseases has not been brought to an accept-
able level.
Today, it is interiorized a corrective approach involved general
principals concerning creation of constant amelioration and prevention
politics, participation of workers to the administration, deliberation,
education of employees and representatives. The Code, being prepared
in a coherent way with the European Union’s legal acquis, underlines
that the providing the health and safety of employees’ in the working
place is one the principal duty of an employer.
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