In the Social and Economic Rights section of the Constitution, Article 48 titled Freedom of Work and Freedom of Contract stipulates that everyone has the right to work and freedom of contract in the field of their choice. At the same time, Article 49 recognizes the right and duty to work for everyone. In this respect, it is understood that our Constitution attaches great importance to the right to work and the freedoms of individuals in this regard.
Our legislator has also regulated the violation of the right and duty to work, which is protected by our Constitution, with our Turkish Criminal Code No. 5237 by binding criminal consequences. Article 117 of the Turkish Criminal Code titled “Crime of Violation of Freedom of Work and Labor” stipulates that “A person who violates the freedom of work and labor by using force or threat or other unlawful behavior shall, upon complaint of the victim, be sentenced to imprisonment from six months to two years or a judicial fine”.
It is understood from the legal regulation that any kind of force, threat or unlawful behavior that prevents individuals from working and business life constitutes a crime. In fact, the article in question aims to protect not only the workers but also everyone in the working and business life. This is the case in the decisions of the Court of Cassation;
“Freedom of work and labor is defined as the individual’s right to work freely, to make contracts and to establish enterprises by producing goods and services in order to earn income. The legal benefit protected by the crime of violation of the freedom of work and labor regulated in Article 117/1 of the TPC is the ability of the individual to work freely, free from all kinds of pressure and without the negative interference of third parties. In order for the crime of violation of freedom of work and labor to occur, the victim’s freedom to work must be violated by the use of force, threat or other unlawful behavior against the victim.
When these explanations are taken into consideration; in the incident where it is alleged that there is a feud between the parties due to a matter of debt and credit and the defendants went to the construction site of the workplace where the participant was the manager of the participant and prevented the workers from working by threatening them, the actions were confirmed by the witnesses and the action to violate the right to engage in economic activity in order to earn income, which is an element of the crime of violation of freedom of work and work, constitutes only the crime of violation of freedom of work and work as a whole.”
Again, in a recent decision of the Court of Cassation, it was concluded that “The actions of the defendant in the form of using force and threats against the complainant at different times due to the competition between the complainant and the complainant due to the tire repair business, in terms of special intent as a whole, constitute the crime of violation of freedom of work and work in accordance with Articles 117/1, 119/1-a and 43 of the TPC”. As it can be understood, unlawful behaviors that prevent the freedom of work and work are examined differently in each concrete case.
Article 117/2 of the Turkish Penal Code stipulates that “Anyone who exploits the helplessness, orphanhood and dependency of a person or persons by making them work for free or for a low wage that is clearly disproportionate to the service provided or who subjects the person in this situation to working and accommodation conditions incompatible with human dignity shall be sentenced to imprisonment from six months to three years or a judicial fine of not less than one hundred days.” In this respect, it is considered a crime to prevent people from working, as well as to make people work in a way that exploits them. At the same time, the Constitution prohibits drudgery and aims to prevent the exploitation of people in difficult situations. It is accepted that the person who procures people to work for free or for a disproportionate wage violates the freedom of work and labor and should be punished with the same penalty.
With the fourth paragraph of the relevant article, another criminal act has been added by stating that “Anyone who, by using force or threat, forces workers or their employers to reduce or increase wages or to accept agreements under conditions other than those previously accepted, or who causes a work stoppage, termination or continuation of a work stoppage, shall be sentenced to imprisonment from six months to three years.”
In the event that people’s freedom of work and labor are violated by the actions listed in the law, they should definitely seek legal support through an expert lawyer and exercise their legal rights by filing a criminal complaint within the legal periods.
