ERDEM-NEWSLETTER-2018-metin

351 LABOR LAW essary when their employees work prudently, or that their employees are experienced enough 4 . Legal Responsibility of the Employers National and international legislation encumbers employers with respect to their obligations arising from occupational health and safety. The scope of this liability is very wide. Apart from the employer, vice principals, workplace doctor, and occupational safety experts have legal responsibilities; however, pursuant to Article 5.6 of the Communiqué, to charge an employee with the management of occupational health and safety services, or to transfer the authority to an external joint health and safety unit, do not relieve the employer of its responsibilities. An employee who suffers physically and/or mentally is entitled to demand indemnification from his/her employer that s/he could not find compensation of through the Social Security Institute (“SSI”). If the employee dies, his/her relatives are entitled to request compensa- tion for loss of support and personal compensation. In addition, the SSI is entitled to revoke the insurance payments that it made to the insurer or right holders, to the employer 5 . On the other hand, the basis and the scope of the employer’s legal responsibilities are contradictive. The Court of Cassation has given contradictory decisions, and there is divergence in the doctrine regarding whether the employers have fault-based liability or absolute liability 6 . Therefore, we would like to underline that every situation shall be evaluated within its own circumstances and in the scope of its own occupied area and risks. Employer’s Fault Based Liability Pursuant to the recent decisions, liability that has arisen from the breach of occupational health and safety is based on fault. The negli- 4 Decision of 21st Chamber of Court of Cassation, 16.02.2015, No. 2014/23286 E. 2015/2550 K. 5 Sümer, Haluk Hadi : İş Güvenliği ve Sağlığı Hukuku, Ankara 2018. 6 Decision of General Chamber of Court of Cassation, 09.10.2013, No. 2013/21- 102 E. 2013/1456 K.