Master'sOpen Access

Legal responsi̇bi̇li̇ti̇es of the employer agai̇nst the worker

2019
0 views
0 downloads
Advisor: Prof. Dr. Faruk Andaç

Abstract (EN)

The concept of occupational accident is a phenamenon that is likely to ocur at any moment in the working organization. Occupational accidents are generally defined as the event that happens to person working to survive and undesired event where a certain damage occurs. There are preventive measures and obligations to be made in order to prevent the occupationas accident. There are many causes of occupational accidents. In order to prevent the occurrence of the said occup accident; heavy obligations such as ensuring occupational safety, taking measures, providing training and supervising situations and organizations are on the employer's responsibility. On the whole, the person who business owner is the employer. As a result of the work in question, the person who will benefit will be the employer. As a result, of all these reasons, the employer provides the primary companents in the transactions to be performed in order to prevent and avoid the concept of occupational accidents. The person who is obliged to implement the measures taken and prevention is on the worker. The employee provides benefits to the employer in return for the debt of the work. In return, the worker receives wages. Wage payment debt is one of the employer's principal obligations to the employee. However, it is quite unprotected that the worker will benefit in his own only with the wage in return for his work. Worker, while performing the act of doing business; is at according to the kind of the work it sees. If that risk in question occurs, an occupational accident can occur. The worker suffers a certain amaunt of damage as a results of an occupational accident. The worker may not be able to fulfill the act of doing business because of the damage. For this reason maybe he will not be able to have the title of worker again . At this point, the concept of social security step in. The pecuniary and ran-pecuniary damages can be compensation after the occupational accident while act of doing business. Related to that matter, the responsibilities of the employer arising from the occupational accident will be tackle. The employer has been held responsible for the very serious obligations to prevent occupational accident. The responsibility of the employer, irrespective of the existence of the defect, also reveals the importance of the obligation to supervise the worker. In general, in order to prevent or minimize occupational accidents in our country, both the workers and employers and the state are held responsible for certain obligations. These obligations are regulated in more detail in the Occupational Health and Safety Law No. 6331. Although all legal regulations and sanctions exist in our country, we maintain our position in the first place among the countries that have experienced occupational accidents in worldwide. In addition, when we take into account the occupational accident data in our country; for employer's cost-based reasons; we see that these accidents happen because at the same time worker doesn't care about his job and he chooses the easy way while act of doing business. In the event of an occupational accident, the issue of compensation for the damage is a very important issue. Legal responsibility is a between the employer and the Social Security Institution. The employer is obliged to pay an insurance premium to the Social Security Institution on behalf of the employee. In the event of a work accident in question and compensation of the damage; the procedures such as payment and determination of the financial assistance to be made are carried out within the Social Security Institution. In this study, general concepts in working life are defined in the light of different laws; in the event of an occupational accident, the employer's obligations and legal responsibilities towards the employee are discussed through prejudication.

Author

Dr. Emre Aktaş

How to Cite

Emre Aktaş (Master Thesis). Legal responsi̇bi̇li̇ti̇es of the employer agai̇nst the worker, 2019, Çağ University.

License

Tüm Hakları Saklıdır

This work is shared under the specified license terms.

More theses from Çağ University