Liability for Damage Caused by an Employee

Damage an employee causes to a third party may, under certain conditions, engage the employer's liability. The employee's own liability and the employer's organisational and supervisory liability must be assessed separately. A remuneration relationship alone is insufficient for every event.

Employment Connection and Connection with the Work

Under Article 66 of the Turkish Code of Obligations, the work being performed, connection with the employer, and relationship of the act to the work must be examined. A distinction between an independent contractor and employee may be needed. Occurrence outside working hours or exceeding instructions does not alone resolve the matter without examining the actual connection. The contract and practical operation must be assessed together.

Selection, Instructions, and Supervision

The employer's due-care defence must be examined concerning selection, instructions, supervision, and business organisation. A general training document alone may not suffice in every case. Relevant records matter where loss allegedly arose from deficient work organisation. Employer recourse against the employee is an internal relationship separate from the third party's claim.

Access to Organisational Records

Duty rosters, instructions, work organisation, and incident records must be preserved. Documents showing actual business operations may be more informative than titles or payroll alone. We match the employee's conduct, supervisory relationship, and occurrence of loss, explaining against which natural or legal person a claim may be directed and in what capacity.

Documents That May Be Prepared for the Initial Review

• Documents concerning duties and the working relationship
• Instruction and training records
• Incident reports
• Loss and payment documents

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.