134 Cases of Joint Liability Arising from Occupational Accidents and safety measures is, as a rule, the responsibility of the temporary employer.64 In this respect, although the Law does not provide for an explicit joint liability, in the event that the temporary employer violates its obligation to fulfil certain occupational health and safety measures, it will be possible to speak of joint liability together with the private employment agency against the temporary worker due to its own fault. The temporary employer is obliged to report the occupational accident suffered by the temporary worker to the law enforcement authorities and the SGK (Social Security Institution), as well as to the private employment agency, just like a principal employer (Art. 7/9c). The temporary employer is also obliged to provide the trainings stipulated for temporary employers in Law No. 6331, to take the necessary measures in terms of occupational health and safety and to provide basic working conditions for the temporary worker during the period of employment (Art. 7/9-f; Art. 7/10). In the event that the temporary employer fails to fulfil the occupational health and safety obligations stipulated in the Law and causes the worker to suffer an occupational accident or to increase the damage caused by the occupational accident, it is possible to be held liable due to its own fault. When an occupational accident occurs as a result of the temporary employer’s failure to comply with the occupational health and safety measures stipulated by the Law, a typical example of joint liability arises within the meaning of Art. 61 of the TBK. The temporary employer is liable for the same damage caused by his/her negligent behaviour, while the actual employer of the worker is liable as required by the Law. In this case, the main and temporary employers, who are “responsible for the same damage for various reasons”, will be jointly liable as per the Law.65 In this case, it will be possible for the injured worker to apply to both the temporary employer and his/her own employer for the full compensation of the damage. 64 Özdemir, p. 242; Ekmekçi, Geçici, p. 376; Odaman, p. 54. 65 Özkaraca, p. 97.
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