118 Cases of Joint Liability Arising from Occupational Accidents INTRODUCTION One of the fundamental obligations of the employer arising from the employment contract is the duty of care. The scope of the duty of care is discussed in Article 417 of the Turkish Code of Obligations No. 60981. Accordingly, “The employer is obliged to protect and respect the personality of the employee in the service relationship and to maintain an order in the workplace in accordance with the principles of honesty (Art. 417/1). According to the provision on the employer’s occupational health and safety measures, “The employer is obliged to take all necessary measures to ensure occupational health and safety in the workplace and to keep the tools and equipment in full” (Art. 417/2). Within this framework, it is necessary to ensure that occupational health and safety measures are taken in the most appropriate manner for the conditions of the day, taking into account scientific developments and technological inventions. If an occupational accident occurs in the workplace as a result of failing to take occupational health and safety measures, the employer may be held liable for the occupational accident. As a result of an occupational accident, the employer may face legal, administrative and criminal liabilities. However, legal liabilities arising from occupational accidents differ from other liabilities in that they may bring up the responsibilities of the employee’s current employer and other persons together. The employee being a subcontractor employee, being sent to another employer’s workplace to work within the scope of a temporary employment relationship, the transfer of the workplace to another employer or the transfer of the employment contract may legally put the employee in a relationship with more than one employer. In the presence of these tripartite employment relationships, which are referred to in the doctrine as tripartite relationships in labour law, it may be possible for the employee who has suffered an occupational accident to apply to other employers within this tripartite relationship 1 RG, 04.22.2011, 27836.
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