COMMUNIQUÉ OF THE SOCIAL SECURITY AUTHORITY REGARDING THE WORK ACCIDENT ISSUE IN RELATION WITH COVID-19
The Communiqué numbered 2020/12 (enclosed herewith in Turkish) has been issued by the General Directorate of Pension Services at the Social Security Authority on 7 May 2020 and has been communicated to all social security authorities in Turkey on the said date.
As per the said the Communiqué; since Covid-19 is announced as a pandemic by the World Health Organization and our Country has been negatively affected by such pandemic, Covid-19 shall be considered as an infectious disease. Therefore, it is understood from this Communiqué that, in accordance with the provisions of article 15 of the Social Security and General Health Insurance Code numbered 550, the said disease should not be considered as a work accident or an occupational disease at first step, while the sick employee refers to health services.
However, since it will not be possible to state with certainty whether an employee’s being infected with Covid-19 can be classified as work accident or not referring solely to the Communiqué, the Communiqué should not be taken as the sole basis and in case of a conflict, such Communiqué shall not be “absolutely binding” for the courts. An employee or (his/her inheritors) may prove their work accident and causality link claim by filing a declaratory action. It is without doubt that we may see many discrepancies on this subject matter in the future; and the crucial point for the employer will be to determine whether or not the employer can be shown liable due to applying or not the necessary and advised measures in the workplace.
Therefore, as mentioned in our previous Newsletter of 11 May 2020 regarding the re-start of activities in workplaces, it will be prudent for the employer to take certain precautions against Covid-19 before the re-start of its activities, such as;
- cooperating with their occupational health and safety specialists,
- revising the risk evaluation report taking into account the Covid-19 epidemic,
- following precautions and guidelines that are continuously published by the Ministries,
- making sure that employees are aware and trained about the new implementations in the workplace, are provided with their personal protective equipment (and documenting these points with minutes signed by the employees)
- and if possible, adopt a company resolution covering guidelines and precautions, in order to minimize potential legal liability.
Kindly note that the related General Directorate of Occupational Health and Safety of the Ministry of Family, Labor and Social Services has prepared the following special website in this respect, where by you may as well find a frequently asked questions and answers list and regularly publishes the advised precautions of Covid-19 for each sector and types of workplaces, including workplaces located in shopping malls, main metal industry’s workplaces, workplaces active in waste collection sector, banks, call centers, workplaces active in food production etc.: (https://ailevecalisma.gov.tr/covid19/sikca-sorulan-sorular).
Our Law Firm remains at your disposal for any further clarifications or assistance you may need about the subject matter.