Sağlık Hukuku Makaleler

Recognizing that Coronavirus (COVID-19) diagnosis is a “work accident” for healthcare professionals and private sector employees

Based on the principles of social security law and the decision of the 21st Civil Chamber of the Supreme Court of Appeals dated 15/04/2019, if there is a proper causal relation between the subsequent damage and the incident, the incident may be considered within the scope of a "work accident." Thus the employer can be held responsible if it is determined that the worker is infected with the disease under the conditions listed in Article 13 of Law No. 5510 (Coronavirus / COVID-19)

The effects of the Coronavirus (Covid-19) on labor contracts

As per the Turkish Labor Law, employees required to perform their jobs as agreed with the employer. Only in very exceptional cases, it is possible to avoid performing the assigned tasks. The Coronavirus (COVID-19) infection has been occupying the world and Turkey for a long time and creates severe and imminent danger in the workplace. There are problems in the implementation of the labor contract due to this infection. Under the law, employees can ask the employer to detect and eliminate the threat and avoid working until the danger removed.

In the Scope of Suspended Time Limits in Legal Proceedings Due to the COVID-19 Outbreak;

Due to the rapid spread of the coronavirus (COVID-19) epidemic in Turkey, the time limits in legal proceedings suspended with the Law No. 7226, which published in the Official Gazette dated 26.03.2020 and numbered 31080, to prevent further spread of the epidemic disease and loss of rights.

Article 12 of the Law on Private International Law regulates 'Marriage' and Article 13 regulates 'Divorce'.

Due to the COVID-19 outbreak, employers request various information from their employees and visitors to the workplace to ensure occupational health and safety in the workplace. This information includes information such as the current health status of employees, the people they are in contact with, and the recent travels. Measuring the body temperatures of employees and visitors, determining body temperatures with cameras, various scanning methods, and recording this information are also preventive activities. The restrictions on the processing of the personal data of employees and visitors are among the recently researched topics. For this reason, it would be useful to evaluate this issue.