Under the Occupational Health and Safety Law and the Code of Obligations, employers must ensure the occupational health and safety of their employees at work. It is the duty of employers to provide the necessary resources to ensure occupational health and safety in the workplace. Employers are required to provide sufficient quantities of hygienic products such as soap, cologne and hand sanitizer in the workplace and to take measures such as ventilation of the workplace.
Under the Occupational Health and Safety Law and the Code of Obligations, employers must ensure the occupational health and safety of their employees in the workplace. It is the duty of employers to provide the necessary resources to ensure occupational health and safety in the workplace. Employers are required to provide sufficient quantities of hygienic products such as soap, cologne and hand sanitizers and to take measures such as ventilation of the workplace. Employers must avoid risks that could lead to a dangerous situation for their employees, eliminate existing risks or replace existing risks with non-hazardous or less hazardous elements. If deemed necessary, suspension of workplace activities may be considered. During this process, international travel and meetings should also be restricted. Employers should also take measures to inform employees about the COVID-19 pandemic and the measures taken in the workplace, and provide them with appropriate instructions on health and safety measures. In this case, employees must also comply with all occupational health and safety measures.
If employees have infections or suspicious symptoms, they must report them to their employer as part of their duty of loyalty. This is also important for ensuring occupational health and safety in the workplace. However, employers must clearly define what constitutes a risk and inform employees. Employers may recommend that employees disclose symptoms of infection or suspected infection to their employers and authorized persons in the workplace, such as the occupational safety committee. It is not possible for employers to instruct employees to inform the employer of coworkers who show symptoms of illness due to data confidentiality, but this may be advisable to ensure health and safety in the workplace, and employees should still express such concerns confidentially, as they need to act carefully to protect their own health and the health of their coworkers. While employers are not obliged to notify health authorities of employees with infections detected in the workplace, it is appropriate for employers to inform health authorities if such a danger or suspicion exists. However, it is not possible for an employer to force an employee to undergo an examination if he or she suspects an infection. This can only be recommended. If the employee does not listen to these recommendations, the employee may be sent on leave with pay if the employer deems it necessary.
If employees choose not to come to work due to the pandemic, their working hours may be shortened or the option of part-time work may be reduced. However, according to the Labor Law, changes in working hours must be notified to employees in advance and approved in writing by the employees. If the employees do not approve this change in writing within 6 working days, the employer cannot accept this change. Unilaterally sending the employee on leave is also an option, provided that the employer continues to pay the employee’s wages and the employee is available for work. The employer encouraging or forcing employees to work remotely is also one of the measures that can be taken in this pandemic environment. If the workplace decides to work from home, employees will continue to receive full salary without any deductions and the employer will need to provide employees with the technical equipment necessary to work from home. Employees also have the right to participate in short-term work and receive an allowance. In order for employees to be eligible for a short-time work allowance, the working hours of the workplace must be temporarily reduced by at least one third or the activities at the workplace must be completely or partially suspended for at least four weeks. If the employer finds the employee’s request for short-time working justified, he/she may apply to the Turkish Employment Agency to provide short-time working allowance to the employees for a maximum of three months. In short-time working, half of the first week’s wages will be paid by the employer, while a certain amount of wages will be paid from the unemployment fund to be deducted from the unemployment allowance for the following weeks. In the event of a confirmed case of coronavirus at the workplace, employees may refrain from working. In this case, employers should continue to pay salaries even if employees do not perform their duties. In the event of a force majeure event, such as the outbreak spreading in Turkey and posing a threat to life, unpaid leave is another option available to employees, provided that the employer and employee mutually agree. Either the employer or the employee may propose unpaid leave. If the offer comes from the employee, the request for leave must be reasonable and the period of leave must be temporary. In the absence of an employee’s voluntary request for unpaid leave, employers should use this option as a last resort and should never force their employees to take such leave. The employer must inform the employee in advance in writing about the unpaid leave and the employee must accept the request in writing within 6 working days. If workplace activities are temporarily suspended and no employee’s employment contract is terminated during this period, the employer is not obliged to inform the Social Security Institution. If the employee is unable to participate in workplace activities due to force majeure, the labor law allows the employer to pay half of the employee’s salary for each day that the employee is unable to work for one week. However, if the force majeure continues for more than one week, the employee or the employer may terminate the employment contract with just cause. In this case, the employee will be entitled to all legal rights such as severance pay, overtime, unused vacation, but will not be entitled to notice pay. On the other hand, if workplace activities are suspended by the competent authorities, the employer cannot terminate the employment contracts of its employees. However, in this case, the employee may terminate the employment contract for just cause and have all legal rights, including severance pay, except for notice pay.
