Labor guarantee in new Turkish low system
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Abstract (EN)
Labor Guarantee Association joined in Turkish Law System by 4857 numbered Labor code of Law in 10.06.2003. In many international text although this Association is mentioned, it is based on ILO Agreement of article 158. There wasn?t any decision until 10.03.2003 in our country. Labor Guaranty Association which was joined in this date was put in order detailed. Labor Guarantee means that ?no condition guarantee?. In this context, the condition of benefiting from the labor guarantee was put in order in addition. It is necessary benefiting from ?by working on uncertain periodical service agreement, has position of employer?s representative, 30 workers have to work on the place of employment of worker whose labor was abolished, workers have to senior in his service for six month minimum and not writing the compulsory dissolution report by certain and clear language without acceptable reason and workers have to refer with court decision to his employer for workers. The workers have to apply within 10 days until his decision to become definite, it is not adequated decision in the workers favour. If it isn?t fulfilled by worker or his representative, this case result in like it is real abolition. Accordance with paragraph 1 and 2 Article 21 of Labor Guarantee Association that put in order the condition of fulfilling the decisions about returning to job by employer: ?The employer has to be responsible to give minimum four month-maximum eight month salary separation pay to worker if employer isn?t clocked in. After indicating this cases it is necessary to indicate this guarantee is not unconditionally, the employer may abolition because of right and valid reasons and the workers can?t benefit from labor guarantee in this conditions.
Author
Kubilay Köse
Institution
How to Cite
Kubilay Köse (Master Thesis). Labor guarantee in new Turkish low system, 2007, Sakarya University.
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