It will be seen that one of the aims of labor law is "Protection of the Worker". The principle of protection of the worker is a principle based on the protection of the powerful employer and the economically weak worker who is dependent on the employ
"Justice without power is powerless, power without justice is cruel.”
Business law; It would be appropriate to recognize it as a branch of law regulating the relations between workers, employers and the state.
It will be seen that one of the aims of labor law is "Protection of the Worker". The principle of protection of the worker is a principle based on the protection of the powerful employer and the economically weak worker who is dependent on the employer. At the same time, the protection of the worker is the basic principle of labor law and aims to establish a social balance between the worker and the employer. The main reason for the birth and development of labor law is the concern for the protection of the worker, who is weaker in business relations. The history of labor law witnesses that this branch of law was born and developed in order to protect workers who are under very difficult working conditions. As in the birth and development of labor law, the principle of protection of the worker is still valid to a certain extent in this branch of law.
The need to protect the worker in business relations is not a subjective preference, but arises from some characteristics that are inevitably at the core of this relationship. The main feature of the employee-employer relationship is that the employee is dependent on the employer. First of all, the worker, who usually has no other means to earn his living, is under the economic dependence of the employer who holds the capital. In order to establish a balance against the economic weight of the employer, the protection of the worker emerges as a necessity. Likewise, there is personal dependence of the worker on the employer in the employment relationship. During the execution of the work, the worker is under the employer's command and authority. The need to protect the personality of the worker arises in order to reduce this personal dependence, which distinguishes the employment contract from other employment contracts, and to limit the employer's right to management. Indeed, the civil law and the law of obligations, as a rule, act on the assumption that there are equal persons in the society who establish legal relations and make contracts with their free will. However, in labor law, there is an inequality between the parties, economic dependence for the worker against the strong employer, and personal dependency because he works under the authority of the employer. Equal and “anonymous” parties contracting with their free will in civil law and law of obligations have been replaced by “employer” dependent on “employer” in labor law. Labor law was born out of the rejection of unfair and unjust results created by the theoretical equality of the parties in the employment relationship. On the other hand, the worker, who enters into a business relationship, becomes vulnerable to all kinds of occupational risks, work accidents and occupational diseases caused by the working life and workplace environment, and his life and physical integrity are endangered. For this reason, the worker must also be protected against the physical dangers created by the production process. As it can be seen, it should not be thought that the purpose of the labor law to protect the worker is directed only to the material and economic aspects of the employment relationship. This principle also requires the protection of the worker's personality, dignity, health and physical integrity. Labor law was born to meet these needs and assumed the function of protecting workers. The principle of protection of the worker (employees) is in accordance with the understanding of the social state, in accordance with the understanding of the social state, in the second paragraph of Article 49 of the Constitution: “The state is responsible for raising the standard of living of the workers, protecting the workers and the unemployed in order to improve the working life, supporting the work, creating an economic environment suitable for preventing unemployment and ensuring work peace. takes the necessary measures.” has been expressly stated. In the following articles of the constitution, social rights are guaranteed to protect workers.
General Evaluation of the Interpretation Method in Favor of the Worker
The principle of interpretation in favor of the worker states that if there is more than one regulation on the same subject or the meaning of a regulation is ambiguous, the regulation or meaning in favor of the worker should be applied.
In the labor law doctrine, it is generally accepted that the interpretation method in favor of the worker should be used in the interpretation of the labor legislation rules.
Although interpretation in favor of the worker is a method specific to labor law, it cannot be accepted as a valid and absolute method in all cases. Although labor law is an independent legal discipline with its unique institutions and techniques, this does not mean that other interpretation principles of law in labor law in general will be abandoned. Because, not all provisions in labor legislation have been introduced to protect workers.
AV Maviye Kaya