Turkish Worker Suffers Work Accident Abroad

Entrance

In recent years, Turkish workers have been sent abroad in large numbers for construction, energy, infrastructure, mining, and assembly projects. One of the most sensitive issues in these projects is workplace accidents. In such a situation, one of the first questions that comes to mind is:

"If a Turkish worker suffers a work-related accident abroad, which country's laws apply?"

This question isn't simple enough to be answered in a single sentence. Because this is a workplace accident that occurred abroad:

In one respect, responsibility arising from the employment contract,
On the other hand, it is an event that constitutes a tort

Therefore, in determining the applicable law, the Law on Private International Law and Procedural Law (MÖHUK) , particularly the rules relating to employment contracts and the rules relating to torts, are considered together.

Below, we explain in simple terms which country's laws apply if a Turkish worker suffers a work-related accident abroad , what criteria are considered, and the practical consequences for the worker

1. Turkish Workers Suffering Workplace Accidents Abroad: Two Separate Dimensions

A workplace accident that occurs abroad has two main legal consequences:

Social security aspect (rights before the Social Security Institution)
Employer's liability for damages (claims for material and moral damages)

Clarifying this distinction is crucial for determining the answer to the question, "Which rights can I exercise in which country, and where can I file which lawsuit?".

1.1. Social Security Aspect: Rights Provided by the Social Security Institution (SGK)

If a Turkish worker suffers a work-related accident abroad, and the accident is recognized as a work-related accident within the meaning of Law No. 5510, the main rights arising from this incident with the Social Security Institution (SGK) are as follows:

a) Providing the insured person with a daily temporary disability allowance during the period of temporary incapacity for work.
An insured person who becomes temporarily unable to work due to a work-related accident a temporary disability allowance . This allowance aims to compensate, to a certain extent, for the loss of income during the days the worker is unable to work.

b) Granting permanent disability income to the insured. If a worker suffers permanent physical or mental health damage as a result of a work accident and this is reported as permanent disability , a permanent disability income may be granted according to the disability rate . This income is a regular payment aimed at compensating for the worker's loss of working capacity in the long term.

c) Granting income to the beneficiaries of an insured person who dies as a result of a work accident or occupational disease. In the event of the insured person's death due to a work accident, it is possible to grant death benefits to the beneficiaries specified by law (spouse, children, parents in certain cases, etc.). This provides a continuous income , in certain proportions, to the relatives who are deprived of the insured person's support .

d) Marriage allowance for daughters receiving income due to the death of an insured person.
When a daughter who receives income due to the death of an insured person gets married, a marriage allowance (also known as a "dowry payment") under certain conditions. This payment is a prepayment of a certain portion of the income that will be cut off due to the marriage.

e) Funeral allowance for insured persons who die as a result of work-related accidents or occupational diseases. In the event of the insured person's death due to a work-related accident or occupational disease, a funeral allowance may be provided to help cover funeral expenses . This allowance is paid to the insured person's beneficiaries or the person/institution actually responsible for the funeral.

These rights the social security aspect and are independent of any compensation lawsuit filed against the employer. In other words, while workers or beneficiaries can claim the aforementioned allowances and income from the Social Security Institution (SGK), they can also a separate compensation lawsuit .

1.2. The Aspect of the Employer's Liability for Compensation

Social security benefits do not absolve the employer of all responsibility. In the event of a workplace accident the employer's fault, the adequacy of workplace safety measures, and whether supervision and monitoring obligations were fulfilled are evaluated; accordingly, the employer:

Monetary compensation (loss of earning capacity, loss of support, loss of income, etc.)
Moral compensation (a measure to alleviate some of the pain, suffering, and distress experienced)

may be held liable to pay.

The question of "Which country's law applies if a Turkish worker suffers a work-related accident abroad?" , which we discuss in detail in the rest of the article , becomes particularly important at this stage of liability for compensation

2. How is the applicable law determined in case a Turkish worker suffers a work-related accident abroad? (General Framework)

The primary source of reference when determining the applicable law in employment relationships involving a foreign element the Private International Law Act. Very roughly:

Regarding matters related to the employment contract → clauses specific to the employment contract,
In determining compensation for tort-related aspects of a workplace accident, the relevant articles concerning torts are taken into consideration.

The judge attempts to determine the "most strictly bound law" by considering the nature of the employment relationship, the location of the accident, the employer's headquarters, where the employee worked, and whether a choice of law was made in the contract

3. Regarding Employment Contracts: Choice of Law, Habitual Place of Employment, and More Closely Applicable Law

3.1. If the Parties Have Chosen the Law of Practice

In individual employment contracts involving a foreign element, the parties may choose the applicable law within certain limits in the contract. For example, in the contract:

"This agreement will be governed by the laws of country X."

The provision may be included.

However, there is an important limitation here:
the worker the weaker party and cannot be left completely unprotected. Therefore:

the chosen foreign law
falls below,
The mandatory and worker-protective provisions of standard workplace law come into play.

Therefore, a clause stating "X law applies to this contract" cannot be used as a shield that eliminates the worker's fundamental rights and effectively leaves them without compensation.

3.2. If There is No Choice of Law: Customary Workplace Law

If the parties have not specified the applicable law in the contract, the primary criterion the place where the employee habitually performs their work. In practice:

If a Turkish worker has been working for a long time in a country such as Qatar, Germany, Russia, or Azerbaijan, for example,
If the majority of the business is conducted in this country,

In most cases, the law of that country is accepted as the "law of the usual place of business" with regard to employment contracts.

However, sometimes the entire organization, management, and dispatch of a business relationship is done from Türkiye; the employer's headquarters, accounting, and business planning may all be located in Türkiye. In such cases:

the business relationship more closely linked to Turkey ,
The judge may decide to apply Turkish law depending on the specifics of the case.

In short: If a Turkish worker suffers a work-related accident abroad , the law of their usual workplace, including the location of the accident, often applies in terms of the employment contract; however, in cases where the entire operation is managed from Turkey, the possibility of applying Turkish law always remains.

4. The Tort Aspect of a Turkish Worker's Work Accident Abroad: The Law of the Accident Location

Workplace accidents are also a tort. Therefore, the general rule for tort-related compensation claims the law of the place of the accidentshould be applied.

The practical implication of this is as follows:

If the workplace accident occurred, for example, in Germany, Qatar, Russia, or another country,
In tort cases, the law of the place of the accident generally takes precedence.

In the laws of this country:

The criteria for determining employer fault are:
Occupational health and safety standards,
The scope of material and moral compensation, upper and lower limits,
Statute of limitations periods,

They may be regulated differently. Therefore, which country's law applies often directly the amount of compensation .

The judge considers both the outcome regarding the employment contract and the law of the accident site in terms of tort law, and reaches a conclusion while also considering the protection of the worker in the specific case.

5. Practical Implications and Points to Consider for Turkish Workers

a Turkish worker suffers a work-related accident abroad , putting aside theoretical discussions, the following are the practically important points for the worker:

a possibility that more than one legal system may come into play :
- Customary workplace law in terms of employment contracts,
- The law of the place of the accident in terms of torts,
- In some cases, Turkish law is a more strictly enforced legal system.
Determining the applicable law,
- The method of calculating compensation,
- What types of compensation can be claimed?
- It directly affects the statute of limitations.

Therefore, after a workplace accident:

Employment contract and supplementary protocols,
Documents showing where and for how long the employee worked
The employer's registered address, records relating to management and payment structure,
Occupational safety training, instructions, records,
Accident reports prepared by official authorities abroad,
Witness statements

These documents must be collected and a lawyer experienced in international private law and labor law .

Conclusion

There is no single answer to the question of which country's laws apply if a Turkish worker suffers a work-related accident abroad ; each case must be evaluated on its own merits

In general terms:

Regarding the employment contract:
- The parties may have made a valid choice of law,
- Otherwise, standard workplace law will take precedence
- If the entire business relationship is more closely tied to Türkiye, Turkish law may apply.
Regarding the tort aspect of workplace accidents:
- As a rule, the law of the accident location applies.
In cases of legal choices or practices that eliminate a worker's fundamental rights and leave them effectively unprotected, of interpretation in favor of the worker and public order can open the door to the protective provisions of Turkish law.

Therefore, it is critically important for Turkish workers or their relatives who have suffered a work-related accident abroad to consult with an expert lawyer, providing all details of the incident, documents, and contracts. This is crucial for both determining the correct application of law and achieving the highest possible compensation.

Frequently Asked Questions (FAQ)

1. If a Turkish worker suffers a work-related accident abroad, does the law of the place of the accident always apply?

No. While the law of the place of the accident is generally applied in tort cases, in employment contract cases, the law of the usual workplace, the parties' choice of law, and the law more closely bound to the employment relationship are also considered. In some cases, Turkish law may prevail, while in others, the law of a foreign country may be dominant.

2. If the contract states "This contract shall be governed by the laws of country X," does this completely disregard Turkish law?

It is not completely ruled out. Due to protective mandatory provisions in favor of the worker, the concepts of customary workplace law and public order, if the chosen law deprives the worker of their fundamental rights, Turkish law or customary workplace law may still apply to a certain extent. The choice of law clause cannot be interpreted in a way that eliminates all the worker's right to compensation.

3. If a Turkish worker suffers a work-related accident abroad, can they file a lawsuit in Türkiye?

Under certain conditions, yes. If there are ties such as the employer being headquartered in Türkiye, the contract being signed in Türkiye, or payments being made from Türkiye, then the jurisdiction of Turkish courts can be argued. However, filing a lawsuit in Türkiye does not automatically mean that Turkish law will apply; the court will first assess jurisdiction and then determine which law will be applied.

4. Do both the income payment from the Social Security Institution (SGK) due to a workplace accident and the compensation lawsuit against the employer fall under the same legal framework?

No. The Social Security Institution (SGK) aspect is primarily subject to Turkish social security legislation. However, in a lawsuit for material and moral damages filed against the employer, a mixed structure may arise, taking into account foreign law, Turkish law, or both, within the framework of the Private International Law Act. Therefore, the two areas should not be confused.

5. Is it possible to later choose a legal framework based on which country's laws offer the most advantageous treatment for workplace accidents?

While theoretically the possibility of choosing the appropriate law after a tort is discussed in some cases, in practice this avenue is extremely limited due to the principle of protecting the worker in employment relationships. In practice, the main determining factor is the ex officio application of the provisions of the Private International Law Act by the judge and the identification of the law that is most strictly applicable to the specific case and that reasonably protects the worker

Single Blog Title

Turkish Worker Suffers Work Accident Abroad