Employer's organizational liability(TCO Art. 66/3)

Article 66/3 of the Turkish Code of Obligations (TCO) introduces a new type of liability in addition to the employer's strict liability. According to this provision, an employer is liable for damages arising from business activities. However, the employer may be relieved of liability if they can prove that the organization of the business was designed to prevent the occurrence of such damage. This form of liability is referred to in the doctrine as "organizational liability." The placement and formulation of this liability in the legislation have led to certain debates. However, the necessity and significance of this regulation are indisputable. Indeed, various factors, such as advancing technology, increasing production volumes, the use of new energy sources, and the diversity of emerging products and services, have resulted in changes in the scope, nature, and scale of damages arising from business activities. This study examines the employer's organizational liability within the scope of Article 66 of the TCO, analyzing its nature, conditions, and consequences by referring to doctrinal views and judicial decisions.