İŞVERENİN İŞYERİ SAĞLIK BİRİMİ KURMA YÜKÜMLÜLÜĞÜ ÜZERİNE DÜŞÜNCELER

In this study, the compulsion to establish a "workplace health unit", as provided by Article 81 on the "employment of the workplace physician", which is one of the employment obligations brought by the new Labour Act n. 4857, is examined within the framework of the "Regulation on the Workplace Health Units, Working Methods and Duties of Workplace Physicians", and some conclusions are drawn concerning the legal nature of the provisions of the said Regulation. Within the text of the Act on the employment of the workplace physician, the workplace nurse and health officer has not been mentioned, only the establishment of "workplace health units" has been foreseen. However, although the Act has not mentioned the nurse and health office according to the Regulation rules, and whatever the risk group of that workplace is, it is a minimum of one workplace nurse or health officer has to be employed "full time" in workplaces where more than 50 workers are employed. The mentioned number may increase according to the number of workers employed and the risk group of the workplace involved. It would be proper if this arrangement giving the employer such an employment complusion was brought by the Act. Since a "limitation on the freedom of contract" -which can not be even brought by a statutory decree enacted by the Council of Ministers-, can only be imposed by the legislative body under the "separation of powers" principle- this compulsion shall be considered as a violation of authorisation contrary to the Constitution.