The Occupational Health and Safety Code No. 6331, which entered into force in 2012, is the fundamental law that determines the minimum health and safety conditions that must be present in workplaces in Türkiye.
One of the regulations introduced by the Code No. 6331 is the obligation to have an “employee representative” in the workplace.
Accordingly, employers must assign an employee representative by election among employees or, if not determined by election, by appointment, provided that they take into account the risks in different sections of the workplace and the number of employees, and pay attention to a balanced distribution.
The number of employee representatives to be assigned is determined according to the total number of employees working in the workplace. Accordingly, the following number of employee representatives must be assigned compulsorily:
- At least one in workplaces with two to fifty employees.
- At least two in workplaces with fifty-one to one hundred employees.
- At least three in workplaces with one hundred and one to five hundred employees.
- At least four in workplaces with five hundred and one to one thousand employees.
- At least five in workplaces with one thousand and one to two thousand employees.
- At least six in workplaces with two thousand one or more employees.
If there is more than one employee representative in the workplace, the chief representative is determined by an election to be held among the employee representatives.
Employee representatives have the right to make suggestions to the employer and request the employer to take the necessary measures to eliminate the source of danger in the workplace regarding occupational health and safety or to reduce the risk arising from the danger.
The rights of employee representatives and support staff cannot be restricted due to the performance of their duties. The employer must provide the necessary facilities for employee representatives to perform their duties.
If there is an authorized union in the workplace, the workplace union representatives also serve as employee representatives.
In summary, the Occupational Health and Safety Code No. 6331 of Türkiye requires employers to assign a certain number of employee representatives in the workplace. The law grants certain rights to employee representatives and requires these representatives to undertake a role in occupational health and safety practices in the workplace.
