Akademik Veri Yönetim Sistemi
Çimento İşveren, cilt.34, sa.5, ss.20-33, 2020 (Hakemli Dergi)
The sanctions applied in case of breach of occupational health and safety obligations have been
transformed from criminal sanctions to administrative sanctions. As a result, the authority applying
the sanction has also changed and the authority to impose sanctions has shifted from judicial authorities
to administrative authorities. It is an indispensable feature of the rule of law that every act and
action of the administration is subject to judicial review. Therefore, the labor inspection organization
is obliged to act in accordance with the law in all its transactions and actions. The European Court of
Human Rights, in its jurisprudence on the right to a fair trial, includes administrative sanctions with
severe consequences within the concept of criminal charges. It is possible to evaluate administrative
penalties, which have severe consequences, within this scope. Therefore, the labor inspector should
provide the employer with basic criminal law guarantees, especially in cases where the administrative
penalty is determined according to the number of workers.