In brief
Under Art. 25 of Law No. 6331, when a labour inspector identifies a life-threatening danger, a board of three inspectors may decide within 2 days to stop work in part or all of the workplace; the order is enforced by the district governor through the police. During the stoppage, the employer pays workers' wages or gives them other work without any reduction in pay. To have the order lifted, a written application is made to the provincial directorate with documents showing the danger has been eliminated, and an inspection is carried out within 7 days at the latest.
What is a work stoppage order, and what is its legal basis?
A labour inspector finding a breach during an inspection usually results in an administrative fine. But if the situation identified threatens workers' lives, the legislation provides for stopping the danger itself before imposing a fine. A work stoppage order is the administrative measure that, in this situation, halts activity in part or all of the workplace until the danger has been eliminated.
The legal basis is Art. 25 of Law No. 6331 and the Regulation on Stopping Work in Workplaces dated 30 March 2013. Art. 25 of Law No. 6331 provides for stopping work in three situations:
- Life-threatening danger: When a matter posing a life-threatening danger to workers is identified in the workplace buildings and annexes, in working methods and practices, or in work equipment. Depending on the nature of the danger and the area and workers it may affect, work is stopped in part or all of the workplace.
- No risk assessment: If no risk assessment has been carried out in very hazardous mining, metal and construction work, or in workplaces where hazardous chemicals are used or major industrial accidents may occur.
- Forced production: In very hazardous work obtained through public tenders, if forcing production contrary to work schedules without the necessary technological and capacity elements creates a life-threatening danger.
In practice, examples of situations that may be assessed as life-threatening danger include unprotected floor edges and floor openings, excavations at risk of collapse, or dangerous machines whose guards have been removed. For how floor openings should be protected, see our article on floor openings and edge protection, and for excavations, our article on preventing collapse in excavations and trenches.
How is the order made? Finding, board and deadlines
The process is tied to deadlines in the Law and the Regulation:
| Step | Who | Deadline |
|---|---|---|
| Identifying the life-threatening danger and report | Labour inspector | Report sent by the day after the finding at the latest |
| Stoppage order | Board of three labour inspectors | Within 2 days of the date of the finding |
| Temporary stoppage in an emergency | The inspector who made the finding | Valid until the board's decision |
| Sending the order | District governor and the provincial directorate of the Labour and Employment Agency | Within 1 day |
| Enforcing the order | District governor, through the police | Within 24 hours; the same day in an emergency |
| Appeal | Employer, to the competent labour court | 6 working days from the date the order was enforced |
| Court decision | Labour court | Within 6 working days; the decision is final |
| Examining the request to lift | Ministry | 7 days at the latest from notification |
Note two points. First, appealing to the court does not affect the enforcement of the stoppage order; work stops while the appeal is pending as well. Second, eliminating the danger that is the subject of the order usually produces results faster than the court process. Use the appeal as a right, but put your main effort into eliminating the danger. Do not confuse this with appealing an administrative fine; for that process, see our article on appealing an OHS administrative fine.
OHS sealing and work that must run continuously
OHS sealing is the visible face of the stoppage order on site. Under the Regulation, sealing is carried out on the order of the district governor and documented with a report. If the stoppage covers part rather than all of the workplace, the seal is applied only to that section, machine or area; work continues in the remaining sections.
Some work cannot be stopped all at once for technical reasons, such as a continuously operating furnace or a chemical process. Under a provision added to the Regulation by the 2016 amendment, in work that by its nature must run continuously for technical reasons, the stoppage can be applied with a report instead of a seal. In that case only the work specified in the inspector's report and necessary for the safety or continuity of the workplace is carried out; during this period no production or sales are made under any circumstances.
Wages and workers' rights during the stoppage
The question of wages during the stoppage is clear in the Law. Under Art. 25/6 of Law No. 6331, the employer is obliged to pay the wages of workers left without work because of the stoppage, or to give them other work suited to their occupation or situation without any reduction in their wages. Under Art. 26, breaching this obligation gives rise to an administrative fine for each worker affected, repeated for every month the breach continues.
There are two more details worth knowing:
- Under Art. 26/4 of the Law, where work is stopped, the relevant administrative fine is not applied for the act that caused the stoppage. The stoppage does not come with a separate fine for the same act; but fines may be imposed for other breaches identified during the inspection.
- Under Art. 13/5 of the Law, when work is stopped under Art. 25, the provisions on the worker's right to refuse to work do not apply, because in that case work has already stopped by administrative decision.
If other work is to be given, make sure that the work given is also safe and that the worker is trained for it. Moving workers from the stopped section to another section where the same danger exists does not solve the problem.
How is a work stoppage lifted? Step by step
The question "how is a work stoppage lifted" has two stages: first being able to work to eliminate the danger, and then requesting that the order be lifted.
1. Temporary removal of seals. If you need to work in the sealed area to eliminate the danger, the employer applies by petition to the provincial directorate of the Labour and Employment Agency. A file containing the employer's undertaking and showing the measures to be taken, the coordination of the work, the equipment to be used, the working time and the number of people who will work is attached to the application. The sealing report should also be in the file; applications with missing documents are not processed. The provincial directorate forwards the request the same day and the board assesses it within 2 days. If approved, the district governor has the seals temporarily removed within 24 hours. When the period ends, the workplace is sealed again.
2. Lifting the stoppage. When the danger has been eliminated, the employer applies in writing to the provincial directorate. The file includes the work carried out, information and documents on the equipment, photographs of the measures taken and, where necessary, an updated risk assessment. The inspector carries out an on-site examination; the board decides within 7 days at the latest from the notification, and the decision to lift is enforced by the district governor within 24 hours. If the danger has not been eliminated, a decision that the stoppage continues is notified to the employer.
The lifting file: a preparation list
| Document | Content |
|---|---|
| Application petition | Date and subject of the stoppage order, summary of the matters remedied, signature of the employer or their representative |
| Sealing report | A copy of the report drawn up on the date the stoppage was enforced |
| Description of the work carried out | The work done, the date and the person responsible for each finding |
| Photographs | Before and after; from the same angle, dated |
| Equipment documents | Information and documents for newly fitted guards, guardrails or equipment, and a periodic inspection report where necessary |
| Risk assessment | Updated document for the section subject to the stoppage |
| Training records | Attendance list for training given on the new method or equipment |
How to avoid a stoppage order
A work stoppage usually comes from a known danger being put off. Under Art. 8 of Law No. 6331, the workplace physician and the OHS specialist report the deficiencies they identify to the employer in writing. If a reported deficiency requires an immediate stoppage or poses a life-threatening danger such as fire, explosion, collapse or chemical leakage, and the employer does not take the necessary measures, the specialist and physician are obliged to report this to the competent unit of the Ministry. That is why the "urgent" findings your specialist writes in the approved logbook are items that must be closed before an inspection arrives; for how the logbook works, see our article on the approved logbook: findings and recommendations.
The practical advice is this: when you see a life-threatening danger, stop the work on your own initiative. Closing a section voluntarily for a few days is always less costly than having it sealed by administrative order. To prepare for inspections, see our article on preparing for a labour inspection. In companies in Bursa and the surrounding provinces, under our OHS specialist service we prioritise findings involving life-threatening danger, and through risk assessment work we identify together on site the areas that could be subject to a stoppage. You can see the amounts of administrative fines in the OHS administrative fines tool.
Frequently Asked Questions
Who decides to stop work?
A board of three labour inspectors authorised to carry out occupational health and safety inspections decides within 2 days on the basis of the inspector's finding. In situations requiring urgent intervention, the inspector who made the finding stops the work, valid until the board's decision.
Are workers paid during the stoppage?
Yes. Under Art. 25/6 of Law No. 6331, the employer pays the wages of workers left without work or gives them other work without any reduction in their wages. Breaching this obligation gives rise to a separate administrative fine for each worker.
Can work continue if the stoppage order is appealed?
No. The employer may appeal to the labour court within 6 working days from the date the order was enforced, but the appeal does not affect the enforcement of the order. The court decides within 6 working days and its decision is final.
How long does it take to lift a stoppage order?
When the employer notifies in writing that the danger has been eliminated, an inspection is carried out at the workplace and the request is concluded within 7 days at the latest. The decision to lift is enforced by the district governor within 24 hours.
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Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.