People with disabilities are a visible and integral part of our society. There are many disabled individuals in our country, and with the right opportunities they can perform most tasks that others do. When given the chance, they take on roles across different fields and find their place in nearly every aspect of life. To support themselves, many people with disabilities work: some enter public service as civil servants, while others are employed in the private sector as workers. The duties performed by disabled workers cover a wide range, and they can usually find employment across many industries. Several questions arise for disabled workers in this sector: Are people with disabilities given special privileges? Can disabled workers be assigned to night shifts? Are employers obliged to hire a certain number of disabled employees? These and similar questions about working life are frequently asked by people with disabilities.
Our country applies positive discrimination to support inclusion of people with disabilities and implements measures to facilitate their daily participation. These measures are established by law, making their application mandatory. While this practice is commendable, it is not yet sufficient and should be expanded further. Some of the measures focus on integrating people with disabilities into employment, which benefits both their financial and emotional well-being and the national economy. Working conditions for disabled employees are adjusted to allow them to work comfortably. This enables people with disabilities to perform their jobs without undue difficulty and to participate more fully in everyday life.
Places and Situations Where Disabled People Are Prohibited from Working
One of the most frequently asked questions concerns whether disabled employees can be required to work at night. People often ask, “Can a disabled worker be made to work outside normal hours?” Before answering, it is important to note that laws and regulations determine the conditions under which disabled workers may or may not be employed. These legal provisions clearly specify which types of work are not permitted for disabled workers. According to these rules:
- They cannot be employed in underground or underwater work.
- The tasks assigned to a disabled worker must be suitable for their profession and compatible with their physical and mental condition.
The first rule is explicit. The second rule depends on individual circumstances, so it must be evaluated case by case. It would be incorrect to apply the second rule uniformly to all disabled individuals without considering their specific situation.
Can a Disabled Worker Work Night Shifts or Be Assigned to Stand Guard?
Considering the rules above, let us examine related questions. For example: Can a disabled worker be assigned to stand guard? Does an employer have the right to place a disabled employee on guard duty? The answers lie within the two rules already mentioned. Prohibitions such as underground work are clearly and unambiguously stated in the legislation, and anyone reading them understands they are forbidden. However, there is no explicit rule addressing night shifts or guard duty. Therefore, disabled employees can, in principle, work at night. The key consideration is the second rule: night assignments must not adversely affect the disabled person’s profession, physical health, or mental well-being. In other words, night work must be suitable for the disabled person. If it is suitable, they may work at night; if not, they should not be required to do so.
Since laws and regulations do not specifically and uniformly address whether a disabled worker can be made to work at night, there is no absolute legal answer that fits every situation. This lack of specificity can disadvantage disabled employees. Although positive discrimination exists in our country, it is not yet comprehensive. Some topics are not covered by law or regulation at all, while others—like night work—are not clearly defined and must therefore be assessed individually. One disabled person may perform night duties without difficulty, while another may be unable to do so. Consequently, answers to questions about night work depend on the individual.
Employment Conditions for Disabled Workers in Our Country
When we review the employment conditions established for disabled workers, it is clear that certain rights and positive measures are in place. However, these measures are not yet sufficient and should be strengthened. For instance, businesses that employ more than 50 workers are required to ensure that at least 3% of their workforce consists of people with disabilities. This quota could be increased to create more job opportunities for disabled individuals and to enhance their participation in the workforce.