What is the Violation of Freedom to Work and Labor (TCK 117)?

Violation of the freedom to work and labor, is the prevention of a person's right to freely work, perform business, establish contracts, or engage in economic activity through coercion, threat, or other unlawful conduct. This offense is regulated under Article 117 of the Turkish Penal Code.

The purpose of the law is to protect individuals' ability to work without being subjected to pressure. This covers not only the classical employer-employee relationship, but all kinds of lawful economic activities aimed at generating income. In short, if an individual is unlawfully prevented from working at a job, continuing their work, entering into a contract, or conducting commercial activity, this offense may arise.

The most crucial point regarding this offense is: Not every labor dispute, every argument, or every workplace issue directly constitutes this offense. For the offense to occur, freedom to work must be actually violated through one of the methods enumerated in the law.

Legal Interest Protected Under TCK 117

The fundamental value protected by this offense is the individual's freedom to work and freedom to engage in economic activities. The legal system guarantees the individual's right to earn income through their own labor and to do so without the pressure of third parties.

Freedom to work is not merely the right to enter employment. It also encompasses:

• Continuing to work in a job,
• Establishing a business,
• Entering into contracts,
• Engaging in commercial or professional activities,
• Determining employment conditions through free will

and similar areas.

Therefore, preventing an individual from going to their workplace, compelling them to quit working through threats, exerting pressure to force them into specific conditions, or exploiting their vulnerability to make them work under conditions incompatible with human dignity may be evaluated within the scope of Article 117 of the TCK.

TCK 117/1: Obstruction of Freedom to Work Through Coercion, Threats, or Unlawful Conduct

What does this paragraph criminalize?

The first paragraph of Article 117 of the TCK penalizes the violation of a person's freedom to work and labor:

• duress,
• threat,
• or through another unlawful act

criminalizes the violation.

"Coercion" here refers to the use of physical force. "Threat" refers to subduing a person's will through the fear of harm coming to them or their relatives. "Other unlawful conduct" can encompass any act that is contrary to law, even if it does not necessarily constitute a separate crime.

What does other unlawful conduct mean?

This statement is crucial because the law covers not only cases of battery, use of force, or explicit threats, but also other unlawful acts that violate the freedom to work.

For example:

• Physically preventing a person from entering their workplace,
• Closing the workspace without a legal basis,
• Engaging in prohibitive or oppressive interventions that prevent work from continuing,
• Exhibiting unlawful behavior with the intent to intimidate or harass the employee,

may be evaluated within this scope depending on the specific circumstances of the case.

What is the penalty for this offense?

According to Article 117/1 of the TCK, the penalty is:

• imprisonment from 6 months to 2 years or
• a judicial fine.

Furthermore, the offense under this paragraph is, by law, subject to complaint. That is, in most cases, an investigation is not conducted unless the victim files a complaint.

TCK Article 117/2: Exploiting Vulnerability to Cause Unpaid Labor or Work for Sub-Minimum Wages

What is the subject matter of this paragraph?

The second paragraph of the Law penalizes more severe situations bearing an exploitative character. Here, if the perpetrator;

• of the victim by exploiting their helplessness,,
• destitution,,
• or or dependency,

employs them for no pay or for wages that are clearly disproportionately low relative to the work performed, an offense may be established.

Likewise, subjecting the victim to working and accommodation conditions incompatible with human dignity also falls within the scope of this paragraph.

Under which circumstances may this offense constitute?

An ordinary wage dispute is not sufficient for the application of this paragraph. What is required is the exploitation of the person's vulnerable state.

For example:

• Employing a homeless person for very low wages for long hours,
• Employing a destitute or dependent person without pay,
• housing the employee in unhealthy, degrading, and inhumane conditions,
• establishing a de facto exploitation order by taking advantage of the worker's vulnerability

may fall within this scope.

What is the penalty?

According to TCK Article 117/2, the penalty is:

• imprisonment from 6 months to 3 years or
• a judicial fine of not less than 100 days.

This provision aims to protect individuals who are in particularly difficult situations against the exploitation of their labor.

TCK Article 117/3: Procuring, Dispatching, or Transporting a Person to be Placed in Such Condition

Why is this paragraph important?

The third paragraph penalizes not only the person directly committing the act of exploitation, but also those who incorporate individuals into this exploitation order. In other words, with the aim of reducing a person to the conditions specified in TCK Article 117/2:

• procures,
• dispatches,
• transporting from one place to another

such persons may also face the same penalty.

Which circumstances fall within this scope?

For example:

• Transporting a person to another location knowing that they will be employed for very low wages and under inhumane conditions,
• Transporting vulnerable persons with the promise of employment and subjecting them to a system of exploitation,
• Rendering employees defenseless and directing them for the purpose of exploitation

acts such as these may be evaluated within this scope.

This paragraph targets not only the employer, but also the intermediaries who contribute to the establishment of the exploitation chain.

TCK Article 117/4: Compelling Employees or Employers to Certain Conditions

What does this paragraph regulate?

The fourth paragraph penalizes compelling parties in employment relations to accept certain economic conditions through duress or threats. Accordingly, the perpetrator;

• compels the employee or the employer to increase or decrease wages,
• forces them to enter into an agreement under conditions different from those previously accepted,
• causes work to stop, terminate, or the continuation of such stoppage

this crime may constitute.

Who can be considered a victim?

Here, not only the employee, the employer may also be a victim. In other words, the law protects the free will of both parties. Pressuring either party regarding wages, working conditions, or the continuation of work by applying duress or threats may entail legal consequences under criminal law.

What is the penalty?

According to TCK Article 117/4, the penalty is:

• imprisonment from 6 months to 3 years.

The point to be noted in this paragraph is that the pressure is exerted through force or threat the method of. Not every aggressive negotiation or every dispute constitutes a crime; a severe intervention that unlawfully pressures the will is required.

Elements of the Offense of Violation of Freedom to Work and Labor

Material element

For this crime to occur, one of the acts specified in the law must be present. These vary according to the relevant paragraph of the incident:

• duress,
• threats,
• other unlawful conduct,
• forced labor through exploitation,
• supply, dispatch, or transportation,
• coercive intervention in wages and working conditions.

Furthermore, the act alone is not sufficient; the freedom to work must have been genuinely violated. In the practice of the Court of Cassation (Yargıtay), this crime is in most cases evaluated as a crime of harm . In other words, it is required that the act effectively reflects upon the victim's sphere of work.

Mental element

In general, the perpetrator must act with intent. In other words, the person must act knowingly and willingly, aware that their conduct violates the freedom to work.

The mere occurrence of a workplace dispute or the indirect disruption of activities for another reason may not be sufficient on its own. It is essential that the act is aimed at violating the freedom of work and labor.

Which Circumstances Do Not Always Constitute This Crime?

Not Every Labor Dispute Becomes the Subject of a Criminal Case

This is one of the points frequently confused in practice. The following situations do not always fall directly within the scope of TCK Article 117:

• Ordinary employee-employer disputes,
• Disputes regarding receivables, wages, overtime, or leave,
• Disputes concerning the interpretation of the contract,
• Purely labor law violations,
• Indirect disruption of work.

In such cases, provisions of labor law, compensation, or administrative sanctions generally apply first. For criminal liability, there must additionally be a situation characterized by duress, threat, unlawful obstruction, or exploitation.

It may occur in conjunction with other offenses

Depending on the nature of the incident:

• threats,
• intentional injury,
• deprivation of liberty,
• preventing the exercise of trade union rights,
• hate and discrimination

other offenses may also come into question.

Qualified Circumstances and Sentence Enhancement

Pursuant to TCK Article 119, if the offense of violating the freedom to work and labor is committed:

• with a weapon,
• jointly by more than one person,
• by utilizing the intimidating power of a criminal organization,
• by abusing the influence conferred by public duty,

the sentence may be increased.

Therefore, when evaluating the specific case, not only TCK Article 117 but also related provisions must be examined.

Frequently Asked Questions

1) What is the violation of the freedom to work and labor?

It is the prevention of a person's freedom to freely work or conduct business through coercion, threat, or other unlawful conduct.

2) What acts does TCK Article 117 cover?

It covers acts such as preventing someone from working by means of threats, unlawfully suspending their business, employing helpless persons for free or for very low wages, and forcing an employee or employer to accept certain conditions.

3) Is this crime subject to a complaint?

Yes, with respect to TCK Article 117/1, the law explicitly requires the complaint of the victim. For other paragraphs, an evaluation must be made based on the specifics of the case.

4) Is employing a worker at a low wage always a crime?

No. Every wage dispute does not directly constitute a crime. For a crime to occur, severe elements such as the exploitation of a person's helplessness, lack of support, or dependency, as well as a clear disproportion, are required.

5) Can an employer also be a victim?

Yes. Under TCK Article 117/4, an employer may also be a victim if coerced by force or threat into specific wage or contract terms.

6) Which court has jurisdiction?

Depending on the specific case and the allegation, the competent criminal court may vary. In practice, most cases are heard in the criminal court of first instance.

7) Can it be committed in conjunction with other offenses?

Yes. It may arise in conjunction with other offenses such as threats, intentional injury, deprivation of liberty, or obstruction of trade union rights.

Final Evaluation

Violation of the freedom to work and labor, is an important criminal law regulation directly concerning working life. This offense protects the free will of both employees and employers. TCK 117 is of great significance, particularly regarding threats, duress, unlawful obstruction, labor exploitation, and working conditions contrary to human dignity.

However, not every labor dispute constitutes this offense. For criminal liability, the circumstances of the incident, the method of pressure applied, the victim's situation, and the evidence must be evaluated together. Therefore, in specific cases, obtaining an expert assessment in terms of both criminal law and labor law is important.

For more information 0532 669 34 90 and  https://batinyilmaz.av.tr/iletisim/ you can contact us via our addresses.

Atty. Batın YILMAZ