Gaziantep Üniversitesi Sosyal Bilimler Dergisi

Öz

Law No. 6331 on Occupational Health and Safety regulates that employers are obliged to establish an occupational health and safety committee in the workplace within specific conditions. These conditions are the existence of fifty or more employees in the workplace and the performance of permanent work in the workplace for more than six months. There is no doubt that the two conditions will be sought together. Interns and apprentices will also be included in the calculation of the number fifty. Because in Law No. 6331, the number of fifty employees is taken into account, rather than the number of fifty workers. It is possible for the employer to have a number of less than fifty employees. In this situation, the employer may set up an optional committee. There is no legal restriction to this. The six-month condition can be considered within a one-year period. In the main employer-sub employer relations, In the main employer-sub employer relationship, the obligation to establish a committee varies depending on the possibilities. If the conditions required by the Code are fulfilled only by the main employer, only the main employer, if fulfilled by the sub-employer, only the sub-employer, and if both employers do not fulfill the conditions alone, both employers become obliged to establish a joint committee. In case of collusion, the obligation to establish the committee may differ. In terms of temporary employment relationship, the temporary worker must be included in the number required by the Code for both workplaces. In case of transfer of a part of the workplace, if the transferred unit will continue to function as a separate workplace, only the number of employees working in the transferred workplace will be considered. If a part of the workplace will be included in the different workplace of the transferee employer, the number of employees should be taken as a whole.