The Effect of Coronavirus on the Relationship Between Employee and Employer
This is the information letter about the effect of coronavirus on the relations between worker and employer. World Health Organization coronaviruses have been identified as a large family of viruses that cause disease in animals and humans. It has been reported that coronavirus causes respiratory infections in humans from colds to more severe diseases such as the Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS) or pneumonia. According to the World Health Organization, about 2 percent of people infected with the virus have died.
The World Health Organization has declared the coronavirus emerging in China and spreading to at least 110 countries as a pandemic.
The coronavirus being contagious and the lack of a treatment method developed against the epidemic has affected both personal and business and commercial life and has started to have negative consequences.
In this context, it was necessary to evaluate the effects of the coronavirus on the relations between worker and employer and the obligations of the parties.
Employer’s Obligations in the Scope of Occupational Health and Safety
Article 77 of Law No. 4857 “Employers ‘and workers’ obligations Employers are obliged to take all necessary precautions to ensure occupational health and safety in their workplaces, to keep their tools and equipment intact, and workers are obliged to comply with any precautions regarding occupational health and safety. Employers are obliged to check whether the occupational health and safety measures taken in the workplace are followed, to inform the workers about the occupational risks they face, the necessary precautions, their legal rights and responsibilities, and to provide the necessary occupational health and safety training. The procedures and principles of the training to be held are regulated by the regulation to be issued by the Ministry of Labor and Social Security. Employers are obliged to report the occupational accident occurring in their workplace and the occupational disease to be determined within two working days at the latest to the regional directorate. The provisions in this section and the regulations and regulations regarding occupational health and safety are also applied to apprentices and trainees at the workplace. ” It is in the form and stated the employer’s obligations arising from the legislation.
The obligations that the employer must take within the scope of occupational health and safety are not limited by the law, and the employer is obliged to take necessary measures in possible cases. In this case, it will not be possible to take shelter behind the excuses that his financial situation is not permissible and that he is inexperienced and ignorant. (The decision of the 9th Civil Chamber of the Supreme Court dated 09.11.1998 and numbered 1998 / 7518-7851 E.K)
Worker’s Obligations in the Scope of Occupational Health and Safety
In the 19th article of the Occupational Health and Safety Law No. 6331; “Employees are obliged not to endanger the health and safety of themselves and other employees who are affected by their actions or work, in accordance with the training they receive regarding occupational health and safety and the employer’s instructions on this matter.”
It is seen that both employers and workers have mutual obligations against the coronavirus.
If an employee is ill or died due to coronavirus in the workplace, it may also be possible to evaluate this situation within the scope of work accidents according to the characteristics of the concrete event.
Attorney Mikail YEŞİL
Yeşil Law Office