What is the Employer's Legal Liability?

The employer's legal responsibility means regulating the health, safety, rights and working conditions of employees in accordance with the legal framework. The Turkish Code of Obligations and the Labor Law No. 4857 form the basis of this responsibility.

  • The employer has the obligation not to cause harm to the employee.
  • There is an obligation to take inspection, training, health and safety measures.

Liability for Work Accidents

Work accidents are common in the tourism, construction and agriculture sectors in Antalya. In cases where the employer is at fault:

  • Material compensation (loss of income, treatment costs)
  • A lawsuit may be filed with claims for non-pecuniary damages (psychological effects, quality of life).

Mobbing and Psychological Harassment Situations

The employer is liable if the employee is systematically humiliated, excluded or oppressed.

Precedent Cases in Antalya

  • Constant shift changes of staff in the hotel industry
  • Employer's attitudes that interfere with private life
  • Examples of compensation decisions made with witness statements and written evidence

Overtime and Wage Receivables

The legal weekly working hours are 45 hours. Work beyond this period is considered overtime.

Proof Tools

  • Payroll records
  • Point tables
  • Witness statements

Such cases are increasing in Antalya, especially in seasonal work.

Severance and Notice Pay Cases

Severance Pay:

An employee who has worked for at least 1 year is entitled to this compensation if the employer terminates his/her employment contract without justified cause.

Notice Compensation:

If one of the parties terminates the contract indefinitely, payment is made to the other party, unless they notify the other party in advance.

The rate of these cases in Antalya labor courts is quite high.

Reinstatement Cases

For workers who are unfairly dismissed, mediation is mandatory, and if no results are achieved, a lawsuit is filed.

  • Valid for workplaces with more than 30 employees
  • If the court finds the worker right, it may order reinstatement or 4 months' salary + compensation.

Breach of Contract and Just Termination

The employer;

  • Non-payment of wages
  • Failure to comply with occupational health and safety
  • Situations such as humiliating behavior towards the worker

It gives the worker the right to justified termination and results in severance pay.

SSI Notifications and Unregistered Work

It has been determined that some employers in Antalya, especially in the tourism sector, employ their employees without insurance.

Legal Consequences

  • Social Security premium penalties
  • Service detection case
  • Direct liability for work accidents

Mandatory Obligations of the Employer

Every employer is responsible for making the work environment safe, healthy and in compliance with the law. These obligations are not limited to the physical environment; they also include the psychological and social environment.

Main Requirements:

  • Providing occupational health and safety training
  • Conducting a risk assessment
  • Provision of protective equipment
  • Fulfilling registration and notification obligations
  • Providing annual leave, wages and social rights

Factors that Reduce Employer Liability

If the employer has taken all necessary precautions, informed the employee and carried out the inspection, he/she is not considered completely at fault in the event of an incident.

When Does Fault Sharing Come Up?

  • If the worker did not follow the safety instructions
  • If under the influence of alcohol or drugs
  • If he violated the rules voluntarily

In this case, compensation rates may decrease.

Mediation Process and Case Conditions

In Antalya, it is mandatory to apply for mediation before filing a lawsuit for labor disputes.

Most Frequent Mediation Topics:

  • Wage and overtime receivables
  • Severance and notice pay
  • Unfair termination and reinstatement

Applications can be made through the UYAP system or to the Antalya Courthouse Mediation Office.

Precedent Court of Appeals Decisions and Antalya Examples

The Supreme Court precedents have been shaped by decisions that limit or strengthen the legal liability of employers.

Featured Decisions:

  • Non-pecuniary damages awarded to a worker working at a hotel in Antalya due to mobbing
  • High severance pay penalty for terminating the employment contract without notice at the end of the season
  • The employer who did not provide adequate protective equipment should be held directly responsible for the accident.

Is the Employer Obliged to Work with a Lawyer?

It is not required by law. However, professional legal advice is a great advantage, especially in sensitive situations such as having more than one employee or a work accident.

Why is Legal Support Important?

  • Manages the litigation process without any errors
  • Prevents loss of rights
  • Speeds up the mediation process
  • Prepares defense by referring to Supreme Court decisions

Companies' Need for Guidance and Consultancy

Preventive legal services are of great importance for modern businesses. For businesses in Antalya:

What Should Be Done?

  • Periodic legal advice should be obtained
  • Staff contracts must be kept up to date
  • Occupational health and safety procedures should be recorded.
  • Trainings and internal guidelines should be prepared

These steps significantly reduce the risk of litigation.

Frequently Asked Questions (FAQ)

1. What happens if the employer does not pay compensation?
The court decision is enforceable and the employer's assets may be seized.

2. What happens if I file a lawsuit without going to mediation?
Your case will be dismissed on procedural grounds and you will have to start over again.

3. What are the most common employment cases in Antalya?
Severance and notice pay, mobbing, reinstatement and overtime cases come to the fore.

4. Is it difficult to prove mobbing?
Yes, it is only possible with evidence such as witnesses, correspondence, and camera recordings.

5. Is it mandatory to work with a lawyer?
No, but it is necessary, especially for employers with a high volume of cases.

Conclusion: What Should You Pay Attention to in Antalya as an Employer?

In cities like Antalya, where the dynamic and seasonal workforce is high, the legal responsibilities of employers are much more scrutinized. For this reason;

  • All contracts must be made in writing
  • Occupational health and safety procedures must be implemented
  • Employee rights must be respected
  • Every step must be documented

Complying with these rules, especially for employers operating in sectors such as tourism and construction, both increases employee loyalty and minimizes the risk of lawsuits.