Lawyer in Alanya, Legal Responsibility Of The Employer
Today, many businesses have been opened and many companies and institutions employ workers as compulsory. As a result of this, the legislator has determined the legal framework for the damages that employees willingly or unwillingly inflict on third parties.As a lawyer in Alanya, we will bring this issue to light in this article.While vacationing at the hotel, shopping, swimming on the beach and similar situations raise the legal responsibility of the employee.
Legal Responsibility Of The Employer
Even if there is no fault of the employer in the perfect responsibility, he is held responsible for the damage caused by the employee to the third person.According to the Turkish Code of obligations, “the employer is obliged to compensate the damage that the employee has done to others during the execution of the work assigned to him.”
The employer shall not be liable if he / she proves that he / she has done due diligence to prevent harm from occurring while selecting his / her employee, instructing him / her about his / her work, conducting supervision.In practice, this issue is likely to be disputed.Therefore, we recommend that you consult a lawyer in Antalya/Alanya.
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With this relevant article, the employer is obliged to take care to prevent the employee from harming others under his orders, and the employer is held responsible for the damage that the employee may inflict on another person by his unlawful act, even if he has no fault.
In summary, there are three conditions for the employer to be held accountable.
1-)The third person must have suffered a loss. The burden of proof of loss belongs to the third party.The concept of harm covers material and moral harm.As part of this burden of proof, you can consult a lawyer in Alanya.
2-)The damage must be caused by the unlawful act of the employee.The burden of proving the causality link between the harm and the unlawful act is again in the third person.The court must consider what it accepts as proof under the law.Therefore, it is helpful to consult a lawyer in Alanya at this stage.If there is no appropriate causal link between the loss and the employee’s actual, then the responsibility of the employer is not mentioned.
3-) The damage to the third person must have been came out at the time of the employee’s work under the order.In the event of the existence of these conditions, it is accepted as a presumption that the employer does not fulfill the obligation of objective care.
For example, while shopping at a store, an employee accidentally hurt a customer in some way.At this stage, this law article will find an area of application.Or when a tourist was vacationing at the hotel, the customer was damaged due to the negligence of the hotel worker.At this stage, the hotel owner has to compensate the customer’s damages even if the owner does not have a fault.
We provide legal services to our clients as a lawyer in Antalya/Alanya.
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