15June2015

Supreme Court of Türkiye Annuls Provision which Excludes Navigation on the High Seas for ships engaged in Maritime Transportation from Workplace Health and Safety Law

Article II (2) e of the Work Place Health and Safety Law which excludes navigation on the high seas for ships engaged in maritime transportation from the scope of the law has been deemed unconstitutional by the Supreme Courts for violating the constitutional right to life, work and the principles of social state in a decision dated 11/06/2015, published in the official gazette no. 29383.

Citing Article 2 of the ILO Convention no. 155 on Occupational Health and Safety, Supreme Court has acknowledged the Lawmaker's powers to regulate certain economic sectors different than others since "a Member ratifying this Convention may, after consultation at the earliest possible stage with the representative organizations of employers and workers concerned, exclude from its application, in part or in whole, particular branches of economic activity, such as maritime shipping or fishing, in respect of which special problems of a substantial nature arise," however, has refused that it can altogether exclude a certain occupation from the protection of health and safety laws.

Following the Supreme Court's decision, all ships engaged in maritime transportation shall now be subject to Workplace Health and Safety Law no. 6331.

Category Occupational Health and Safety Law