138 Cases of Joint Liability Arising from Occupational Accidents the transfer or not.77 Therefore, if the conditions sought in the provision are present in the concrete case, it will be possible for the employee whose employment contract ended on a date prior to the transfer to apply to the transferee employer for his/her receivables. The termination of the employment contract before the transfer or the termination of the employment contract after the transfer to the new employer is of great importance in terms of the compensation claims of the survivors of the employee who died as a result of an occupational accident. This is because there is a situation that differs from most other labour claims. If the employee dies as a result of an occupational accident, the employment contract will be terminated solely for this reason (Art. 440 TBK). In this case, unlike the occupational accident that results in injury or moral damage to the worker, the possibility for the worker to participate in the transfer of the workplace that takes place after the date of the occupational accident is completely eliminated and becomes impossible. For this reason, if the employee dies due to an occupational accident on a date prior to the transfer, it is not possible to claim compensation from the employer who takes over the workplace on a later date based on Art. 6 of the İK, since the employment contract will not be transferred to the new employer. If the workplace is transferred according to the provisions of the Labor Law at a later date after the date of the accident, the injured worker may apply to both the transferor and the transferee employer for compensation. However, the joint liability of the transferor employer is limited to a period of two years. As a result, it is not possible, as a rule, for an employee who dies as a result of an occupational accident or whose employment contract was terminated at a date prior to the transfer of the workplace to apply to the transferee employer in the face of the explicit provision of the Labor Law regarding liability in the transfer of the workplace. However, in cases where there is a transfer within the meaning of art. 202 of the TBK, or the transfer in question is of a nature that will result in the conclusion of a merger, such as a merger transaction, in the event of death of the employee who has suffered an occupational accident, 77 For detailed information on the transfer of the operation, see Hüseyin Ülgen/Mehmet Helvacı/Abuzer Kendigelen/Arslan Kaya/Füsun Nomer Ertan, Ticari İşletme Hukuku, Güncellenmiş Dördüncü Basıdan Beşinci Tıpkı Bası, İstanbul 2015, p. 196 et seq.
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