INFORMATION

VIOLATION OF THE RIGHT TO FREEDOM OF JOB AND WORK

Crime and Punishment for Violation of Freedom of Work and job TCK 117.the article is also regulated. The right to work has been included among the fundamental rights in DEC Constitution. Accordingly, the Turkish Criminal Code has also included the crime of Violation of the Freedom of Work and job under the heading of ‘Crimes Against Freedom’.

A person who violates the freedom of work and job by using algebra or threats or by any other unlawful behavior will be punished in accordance with the provisions of the right to work restriction on the person in the event of a complaint from the victim. Here, a complaint is a condition for opening an investigation and prosecution in case of a crime of blocking the right to work, and this constitutes the condition for the reasoning of the crime.

If a person’s helplessness, loneliness, or commitment to their job leads to unpaid work by exploitation, or if there is a clear disproportion between the service they provide and the pay they receive, whoever causes working and housing conditions that are not worthy of human dignity will be decriminalized for violating the freedom of work and job . Even if the consent of the persons working under these conditions is obtained, the mentioned crime occurs.

In cases where a person’s helplessness, decadence or loyalty to his job is exploited and he is employed for free or where there is a clear difference between his job and the wage he receives, the same punishment will be given to people who cause these people to fall into the situations we have specified, people who supply or dispatch or transfer from one place to another.

Finally, TPC 117/last by using force or threat, the worker or the employer Agreement, and duplication or reduce their charges than previously accepted under any other circumstances to stop a job or forcing the adoption of end-to cause to stop or to continue a violation of the freedom of business and the people that work and is considered to have committed a crime will be punished according to the relevant provisions.

Qualified cases of the crime of obstruction of freedom of work and job TCK 119. It is indicated in the article. In addition to the above, if they are aggravated as a result of the offense of intentional wounding during the blocking of the right to work, the provisions on the offense of intentional wounding are also applied. In other words, if the person who committed this crime has aggravated consequences of the crime of intentional injury, he will be punished both for the crime of intentional injury and for the commission of the crime of obstruction of freedom of work and job .

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Yağız Canseven

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