Due to the coronavirus pandemic, regulations have been introduced affecting the rights of employees working under employment contracts. Under Law No. 6331, employers are legally obliged to ensure the health and safety of their employees in the workplace. If an employee contracts coronavirus in this context, the employer may be held legally and judicially responsible.
The Employer’s Role in Protecting Employee Health
Law No. 6331 clearly states: “The employer is responsible for ensuring the health and safety of employees in relation to work and, within this scope, shall take all necessary measures including the prevention of occupational risks and the provision of training and information.” This places an obligation on employers to provide health and safety measures during working hours. Employers are also legally responsible for taking necessary steps to improve working conditions.
In this respect, the coronavirus pandemic poses a significant transmission risk to employees. If workers with chronic illnesses are employed and contract coronavirus due to workplace exposure, employers may face legal and criminal sanctions. Although the Social Security Institution (SGK) has not formally classified coronavirus as an occupational disease or workplace accident in all cases, employer fault is particularly sought when an employee is found to have contracted the virus at work.
Employer Liability
Even though SGK may not classify coronavirus uniformly as an occupational accident or disease, if an employee becomes infected at the workplace, it is possible for the employer to be held responsible for failing to take necessary health and safety precautions. Establishing liability requires demonstrating a causal link between the employer’s act or omission and the harmful result. In private law obligations, if no causal connection can be established between the act and the outcome, the debtor or wrongdoer is not held liable. In workplace accidents, when a link between the work and the accident is established, responsibility can rest with the employer. However, if the employee’s own gross negligence or the gross negligence of a third party is proven, employer liability may not be pursued.
For coronavirus cases, specific conditions are examined to establish this causal link. For example, an employer who invites a chronically ill worker to return to work and keeps them at the workplace may be held responsible if infection occurs. Similarly, failure to implement proper hygiene and health measures, operating the workplace beyond safe capacity, or neglecting similar precautions can render the business owner liable if an employee becomes infected. If the employee believes the employer’s negligence caused the infection and can prove it, they may apply to SGK, which can dispatch inspectors and teams to conduct an investigation.
Employer Responsibility When Precautions Are Taken
If the employer has provided full and uninterrupted working conditions and implemented necessary safety measures during the pandemic, then in the event an employee becomes infected, responsibility will shift away from the employer and instead be examined in terms of the employee’s own fault, a third party’s fault, or other causes. In such cases the employer cannot be subject to criminal penalties. Another important point relates to employees with chronic illnesses who begin working with the employer’s consent. If the employer knew about a worker’s chronic condition and still had them work, the employer may be held responsible if the worker contracts the virus. If the employer was not informed of the chronic condition, the employer is generally not held liable under applicable legal rules.
In other words, if the employee presented a medical report to the employer documenting a chronic illness and still began work, the employer can be held responsible if the infection results. If the employee did not present a medical report confirming a chronic condition, the employer will typically not be held responsible if the employee contracts the virus due to that condition. Therefore, it is important that employees inform their employers about any existing health conditions.