Adam Çalıştıranın Sorumluluğu

Abstract

The responsibility of an employer is one of the most common types of strict responsibility, which is regulated under the title of "responsibility of care" in the Turkish Code of Obligations No. 6098. In this responsibility, neither the employer nor the employee is required to have a fault in terms of the liability arising. As soon as the liability arises, the employer is held responsible for all of the damage, even if there is no fault. But the employer's responsibility is a liability softened by proof of salvation. Employer can get rid of responsibility by acting in accordance with the objective duty of care expected from him. The duty of care of the employer should be evaluated separately for each business and enterprise. The employer is obliged to act in accordance with the duty of care in the selection of the employee according to the work or activity, giving orders and instructions, and supervision and control. Otherwise, the employer is obliged to compensate the damages suffered by the third person, even if he is not at fault. In this study, it has been tried to examine the nature of the employer's responsibility, in which cases his responsibility will be in question, the content of the responsibility of care and the consequences of the responsibility, considering the judicial decisions.