THE RIGHT TO AVOID WORKING DUE TO THE CORONA VIRUS

Abstract

The relevance of the study: In this study, firstly, starting from the legal nature of the employment contract, the responsibilities imposed on the workers and employers and the legal basis of these responsibilities will be emphasized. Then, the right of the employers who do not fulfill their obligations under the Code of Obligations No. 6098, the Labor Law No. 4857, the Occupational Health and Safety Law No. 6331 and the Regulation on Occupational Health and Safety Services, the elements and scope of this right, and the responsibility of the employer who does not protect his workers will be examined. The main problem: Employers are required to take every precaution for the continuation of their production or service activities, within the framework of the rules regulated by the relevant and authorized institutions, against Covid-19, which causes such great changes in our daily lives, including working conditions. The paper conclude: It is essential that the measures taken within the framework of all these reasons are complied with, and if the precautions are not taken or the precautions are not followed, the employees know their existing rights and use them when necessary. The novelty: the novelty of the topic is that this article will seek to reveal The methodology used included analysis of scientific literature, laws and legal acts, descriptive, analytical, comparative and logical methods. This is an obligation arising from both the Law and the employment contract. If the employer or the board provides a positive response in line with the request to avoid work, which is communicated with the notification, the right in question will become available to the employees until the necessary measures are taken. In a situation where the demand to refrain from working despite the existence of a danger is met negatively, legal and even criminal responsibilities of those who refuse the request will come to the fore within the framework of possible damages. Similarly, the employer may also be held responsible for the damages arising as a result of the employer’s failure to implement the Covid-19 measures that he is obliged to protect and watch over the worker.