COURSE UNIT TITLE

: EMPLOYER'S LIABILITY FOR ACCIDENT AT WORK

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
ÖZH 5039 EMPLOYER'S LIABILITY FOR ACCIDENT AT WORK ELECTIVE 3 0 0 7

Offered By

Private Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASISTANT PROFESSOR ERHAN BIRBEN

Offered to

Private Law

Course Objective

It is targeted to analyse the concept of occupational accident which is a serious problem in social dimension and to comprehend employer's liability occurred in various appearances as a result of occupational accident.

Learning Outcomes of the Course Unit

1   To be able to define the fundamental features of the employer's liability for occupational accident
2   To be able to explain regulations of labour and social security law concerning the employer's liability for occupational accident
3   To be able to settle the disputes regarding the employer's liability for occupational accident within the scope of legislation and court's decisions
4   To be able to analyze critically the current regulations related to the employer's liability for occupational accident
5   To be able to offer solutions about occurrence and consequences of occupational accident in terms of positive and normative law

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 The concept of occupational accident and its definition
2 Elements of occupational accident
3 The notification of occupational accident to the Social Security Institution and its investigation by the Institution
4 Health benefits within the scope of assistances provided to the insured person
5 Financial aids within the scope of assistances provided to the insured person
6 Assistances provided to the right holders in case of the insured person's death-I (payment of funeral expenses, payment of income to spouse and children)
7 Assistances provided to the right holders in case of the insured person's death-II (marriage allowance, payment of income to the insured person's mother and father)
8 Midterm exam
9 Employer's obligation to take occupational health and safety precautions (legal basis of the obligation, character and conditions of employer's legal liability)
10 Consequences arising from a breach of the employer's obligation to take occupational health and safety precautions
11 Employer's liability pursuant to the article 21 of the Law no. 5510-I (legal character and consequences of employer's liability)
12 Employer's liability pursuant to the article 21 of the Law no. 5510-II (conditions and scope of employer's liability)
13 Employer's liability against the Institution in case of non performance of his legal obligations-I (in the event of his failure to notify the insured persons to the Institution)
14 Employer's liability against the Institution in case of non performance of his legal obligations-II (in the event of his failure to provide first medical care to the insured person and to notify occupational accident to the Institution within the legal term)

Recomended or Required Reading

Textbook(s): Ali Güzel, Ali Rıza Okur, Nurşen Caniklioğlu, Sosyal Güvenlik Hukuku, 13. Bası, Istanbul 2010; Can Tuncay, Ömer Ekmekçi, Sosyal Güvenlik Hukuku Dersleri, 14. Bası, Istanbul 2011; Sarper Süzek, Iş Hukuku, 7. Bası, Istanbul 2011; Levent Akın, Iş Kazasından Doğan Maddi Tazminat, Ankara 2001.
Supplementary Book(s): Court decisions, review of court decisions, articles
References:
Materials:

Planned Learning Activities and Teaching Methods

Lectures, review of court decisions, assignment and presentation

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.20 + STT* 0.40 + FIN* 0.40
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.20 + STT * 0.40 + RST* 0.40

Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

erhan.birben@deu.edu.tr

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparation for final exam 1 40 40
Preparations before/after weekly lectures 13 2 26
Preparation for midterm exam 1 36 36
Preparing presentations 1 30 30
Final 1 2 2
Midterm 1 2 2
TOTAL WORKLOAD (hours) 175

Contribution of Learning Outcomes to Programme Outcomes

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