Sosyal Sigortalar Kurumu`nun işverene ve üçüncü kişiye rücuu

Abstract

ABSTRACT In the law establishing the Institution for Social Insurance {(SI) of Turkey, it is prescribed that the Institution has the right of recovery against the employer and third party. The reason underlying this clause is recovering the loss the Institution faces due to health insurance applied for work accidents or professional diseases. The right to recovery is a right accruing directly from the law, since it has the objective to recover the losses of the Institution. Therefore,' the legal aspect of this right is not based on the principle of subrogation. The extent of this right which the Institution possesses is independent from the rights the insured may seek against the employer or a third party. For the legal base of the right to recovery is directly stemmed from the law, the employer has a şui 2.S.U.S.LİS. liability, different and apart from his liability against the employee. The employer who has an objective liability within the Law of Obligations and Law of Labor, is in a position to adopt a liability against the Institution which is based on the principle of negligency in the same case. For this reason, it is necessary to consider the liability emerged due to not taking proper measures regarding the worker health and work security as a negligency. The liability of the employer as the person who employes the worker, is different from his liability defined in the Law of Obligations. The employer is liable for the assistance from the insurance for professional diseases or for work accident, in case both himself and the employee are neg 1 i gen t. The liability of the employer for not fulfilling the responsibility of presenting the declaration of employment has been expanded. The employer in case he does not issue a declaration of employment, should pay the aid from the insurance covering professional diseases or work accidents, regardless whether he is negligent or not. w