The Liability of the Employer to Employ Disabled Employee


Akpulat A.

ISTANBUL HUKUK MECMUASI, cilt.77, sa.2, ss.523-553, 2019 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 77 Sayı: 2
  • Basım Tarihi: 2019
  • Doi Numarası: 10.26650/mecmua.2019.77.2.0003
  • Dergi Adı: ISTANBUL HUKUK MECMUASI
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.523-553
  • İstanbul Üniversitesi Adresli: Evet

Özet

Disabled people, having various problems with health, education, and employment, are among the disadvantaged groups. In Article 25 of the Universal Declaration of Human Rights 1948, it is explained that everyone should be protected in case of a lack of livelihood arising from disability. The United Nations Convention on the Rights of Persons with Disabilities also regulates the rights of persons with disabilities and the obligations of the contracting states. According to Article 27 of the Convention, contracting states shall secure and support, ensuring the right to work. Also, in Turkey, a large number of legal arrangements have been made for persons with disabilities. One of them is article 30 of Labour Law no. 4857. By this Article, employers are obliged to employ disabled workers in the workplace. Accordingly, employers employing fifty or more workers are obliged to employ a certain number of disabled workers in jobs suitable for their occupation, body and mental status. This number is 3 percent in private sector workplaces and 4 percent in public workplaces. The number of workers the employer is obliged to employ in this scope is calculated according to the total number of employees for those employers who have more than one workplace within the same province boundaries. This study aims to examine article 30 of the Labour Law within the framework of the relevant legislation.