Legal liabılıty of the employers in Turkish and Azerbaijani Laws
2012
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Advisor: Prof. Dr. M. Fadıl Yıldıırm
Abstract (EN)
The aim of this thesis is to indicate the topic-related regulations of Turkish and Azerbaijani Laws in a comperative way and discuss them in details. The legal responsibilities of an employer include his employees? behaviour. An employer, through the behaviour of his employees, increases the risk to cause harm to a third party.Azerbaijan, that adopted the Declaration of Independence when the Soviet Union was officially dissolved,is renovating its law to make it more eligable for the constitutional state system. Therefore, they benefit from Turkey?s past experiences. Indeed, just like Turkey, Azerbaijan has been in a struggle to westernize its law. This relation has influenced me to choose such a subject matter for my thesis.The article of legal duties of the employers in Turkey can be exemplary for Azerbaijan in terms of legislation and conduction. The conduction is of great importance as there are Turkish employers and employees in Azerbaijan.This assignment consists of an introduction, three body parts and a conclusion.Responsibility of the employer a strict liability.As the article 55/1 of the Turkish Code of Obligations declares;The employer shall be responsible for the harm that his employees might do to a third person or the environment while working. The responsibility is caused by neglecting the obligatory care and observation then. According to the article 1099/1 of the Azerbaijani Civil Code; the employer (institution or person) is responsible for the acts of the employees.As the dependence between the employer and employee is based on the working agreement, it is possible to see regulations in Labour Law often in Azerbaijan.In both of the laws, the employee must be depended on the employer and carry out his orders and requests.In case of any act contrary to the provisions of legislation concerning the duties of the employer, the employer has to compensate for the damage as the associated article suggests.In both Turkish and Azerbaijani laws, it is decleared that the employer is responsible for the compensation of the damage caused during his supervising and the employer may demand the amount of money he has to pay to compensate from the guilty employee.The legal duties of the employer are one of the most frequently enforced sources in Law of Compensation. Azerbaijan?s Law System is still developing. Thus, by benefiting from the Turkish Law, it can overcome most of the deficiencies in doctrine and conduction.
Author
Dr. Ziya Ahmedov
Institution
How to Cite
Ziya Ahmedov (Doctorate thesis). Legal liabılıty of the employers in Turkish and Azerbaijani Laws, 2012, Gazi University.
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