Yüksek LisansAçık Erişim

The suspension of business according to the occupational Health and Safety Law No. 6331

2025
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Danışman: Prof. Dr. Murat Kandemir

Özet (EN)

Aim: Considering the economic consequences of stopping work at a workplace, it can be seen that it is actually a very severe sanction. In this context, our study aimed to examine the conditions that require the cessation of work, the issues related to the implementation and removal of the cessation decision, the authority authorized to make the decision, the status of objection to the decision and the process after the decision is taken. In this regard, some issues in the doctrine and the decisions of the Supreme Court are also included. Material and Method: The study was conducted within a theoretical framework and based on the documentary scanning method. Within the scope of the research, national and international literature as well as institutional reports, Supreme Court decisions and relevant legislation were analyzed comprehensively. Results: The administrative sanction in question is not primarily intended to punish the employer; it is a regulation aimed at ensuring that occupational health and safety conditions are given importance. The employer, who has been given a decision to stop work at the workplace, can object to this decision at the local labor court within 6 working days. According to the current regulation, the decision of the labor court cannot be appealed. In addition, the employer is obliged to pay the wages of the workers who cannot perform their work at the workplace where the work is stopped or to provide them with another job, provided that there is no negative change in their situation. Conclusion: Especially when deciding to stop work in a part or all of the workplace, it would be appropriate for the authorities authorized to make the decision to think very sensitively and meticulously. We believe that the periods stipulated in the law should be shorter, since the administrative sanction of stopping the work brings with it negative financial consequences. Considering events such as the Soma mining accident, which we witnessed with sadness as a nation, it is possible to evaluate that, despite all the criticism, the legal legislation in the field of occupational health and safety in our country will contribute to the formation and establishment of an occupational health and safety culture. Key Words: Occupational Safety and Health, Labour Inspector, Suspension of the Work

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Ömer Burak Aktüre

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Ömer Burak Aktüre (Master Thesis). The suspension of business according to the occupational Health and Safety Law No. 6331, 2025, Dicle University.

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