ABSTRACT

After the enactment of Turkish Code of Obligations TCO No.6098 which repeals Code of Obligations CO No.818 and Occupational Health and Safety Act OHSA No.6331 , new and different provisions constituting positive grounds for and determining the content of the duty of the employer to protect employee’s personality have taken place in Turkish legislation. The concepts of “personality of the employee”, “psychological and sexual harassment” and “order in accordance with the requirements of principles of honesty” mentioned explicitly in the wording of TCO Art.417, which regulates the duty of the employer to protect employee’s personality, used to be the absent concepts in the Art.332 of the Code of Obligations numbered 818 repealed. The first issue analyzed in this study is the effect of the concepts in question in giving shape to the duty of the employer to protect employee’s personality in the new era. The repealed Art.77 sub-art. I of Labour Act -concerning occupational health and safety measures- which has been transferred to TCO Art.417 with almost the same wording is another issue worth scrutinizing in the context of ongoing controversy on the legal characteristic and limits of the liability arising from employer’s breach of the duty to protect employee. It is impossible to scrutinize this second basic issue of this study properly if OHSA is ignored. The legal remedies the employee can use in the event of violation of the personality values is another subject examined