ERDEM-NEWSLETTER-2018-metin

353 LABOR LAW combined together, the proper causal link does not exist, the liability of the employer does not exist 10 . Causal Link Both in fault-based liability and absolute liability, the causal link may be corrupted by force majeure, the fault of the damaged party, and third parties. If the employer proves that the casual link was corrupted, then s/he cannot be held liable 11 . In other words, it can be said that, the employer can avoid liability only by proving the corruption of the causal link between the negligence of occupational health and safety precautions, as well as the damages 12 . The Principle of Inevitableness Pursuant to Article 21 of Social Insurance and General Health In- surance Code numbered 5510, evaluation of the employer’s responsi- bility shall be made in accordance with the principle of inevitableness. Inevitableness is the realization of an occupational accident or oc- cupational illness that occurs despite having taken every kind of pre- cautions in accordance with the current scientific and technical rules. If the employer did not take these possible precautions, the principle of inevitableness shall not be applicable. The factors of inevitableness is i) an event that occurred beyond control, ii) breach of a rule or contract, iii) existence of the causal link, or iv) unavoidability of the fact. Unavoidability means the breach of a behavior or an obligation arising from a contract, even if every type of measure has been taken. In other words, it is not possible to apply the principle of inevitable- ness, when the event is unavoidable, but the breach of the rule or con- tract is evitable. For instance, if a nail breaks and harms the eye of a construction worker while he was hammering a nail to a concrete wall, 10 Decision of General Chamber of Court of Cassation, 18.03.1987, No. 1986/9-722 E. 1987/203 K. 11 Decision of General Chamber of Court of Cassation, 20.03.2013, No. 2012/21- 1121 E. 2013/386 K. 12 Decision of 21st Chamber of Court of Cassation, 08.07.2014, No. 2013/21984 E. 2014/16206 K.