WHAT ARE THE EMPLOYEE'S RIGHTS AND OBLIGATIONS IN THE PREVENTION OF THE COVID-19 EPIDEMIC? 21 April 2020

With the spread of the new type of corona virus epidemic, many negative effects are observed in business life. In this context, the obligations of employers to act in accordance with the relevant legal regulations in some precautions have been examined in our previous articles. However, while making arrangements arising from the new type of corona virus outbreak, the scope of employees' rights and obligations should also be determined.

1. CAN THE EMPLOYEE USE UNPAID LEAVE AT HIS OWN WILL?

According to the Labor Law and other regulations, the employees have the right to use unpaid leave within the scope of maternity leave and road permit and in cases where the employee wants to use unpaid leave due to other reasons; the approval of the employer is required.

Just as it is not possible for the employer to make unpaid leave without the approval of the employee, the employee will not be able to use unpaid leave unless approved by the employer. At this point, since the prevention of the Covid-19 outbreak caused by the new type of coronavirus is not one of the reasons listed in the law, the employee and employers will have to agree on the use of unpaid leave. However, as will be explained further below, it is necessary to evaluate the right of the employee to refuse to come to the workplace when the employer does not take the necessary measures.

2. WHAT ARE THE SCOPE OF THE MEASURES THAT THE EMPLOYEE MUST TAKE WITHIN THE SCOPE OF THE PREVENTION OF THE EPIDEMIC?

In the 19th article of the Occupational Health and Safety Law No. 6331, it is regulated that the employees are obliged to take necessary measures within the scope of occupational health and safety as well as the employer.

““Employees are obliged not to endanger the health and safety of themselves and other employees who are affected by their actions or work in line with the training they receive regarding occupational health and safety and the employer's instructions on this matter.”

According to the aforementioned provision, the employees are also obliged to assist the employer in order to prevent the spread of the Covid-19 outbreak in question. At this point, in order to prevent the spread of the Covid-19 epidemic, employees will have to comply with the rules of social isolation and personal hygiene, undergo regular health checks and report this to the relevant person in case of any disease suspicion.

3. IS IT POSSIBLE FOR THE EMPLOYEE TO REFUSE TO COME TO WORK?

In the event of a situation that creates a danger of the Covid-19 outbreak caused by the new type of coronavirus, as a result of the negligence or intent of the employer or another employee in the workplace, the employee may refrain from working.

Since the right to refrain from working in question is regulated under the Occupational Health and Safety Law; in order to exercise the right in question, the employee must face serious and imminent danger.

Accordingly, in the event that Covid-19 is encountered in a person in the workplace, and if the necessary measures are not taken and quarantine rules are not followed, the employee may be deemed to have the right to refrain from working within this scope. In this case, the employer's obligation to pay the salary and the other rights of the employee will continue. However, the abuse of the right in question should be prevented and the conditions of the concrete event should be evaluated in terms of the proximity of the danger.

Previous Next

Publications

This website and the information herein has been designed in accordance with the Professional Rules of the Union of the Turkish Bars Association and in particular the regulations prohibiting advertisement by attorneys at law. All material included in the Kasaroğlu Web Site is for informational purposes only and Kasaroğlu Law Office expressly disclaims all liability to any person in respect of anything and in respect of consequences of anything done in reliance upon the whole or any part of the contents of the Kasaroğlu Web site. Transmission of this information is not intended to create and receipt does not constitute an attorney-client relationship between Kasaroğlu and the user or browser. No client or other reader should act or not refrain from acting on the basis of any matter contained in the Kasaroğlu site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue. Kasaroğlu is not responsible for any third party contents which can be accessed through the web site.

The solution partner of Kasaroglu Law Office which provides extensive services in the field of Merging & Acquisation is “Kasaroğlu Uluslararası Danışmanlık Hizmetleri A.Ş." with its significant expertise and experience in this area.