Compensations arising from the termination of the employment contract of airline flight crew

With the article 4/a of the Labor Law numbered 4857, air transport works, which are among the exception occupational groups to which the Labor Law will not be applied, are excluded from the coverage of the Labor Law in order to make a regulation that will meet the needs of the sector due to the differences in working conditions. Although the Air Labor Law Drafts were prepared several times with the growth of the sector in our country and the increasing need, none of them could go beyond being just a draft; The social and economic rights of thousands of workers working in air transport have always been limited to the provisions of the contract they made with the employer within the scope of the provisions of the Code of Obligations related to the service contract. Those working in air transport businesses have obtained some rights within the scope of Articles 434 and 438 of the Turkish Code of Obligations No. 6098, which entered into force on July 1, 2012. However, there are still some difficulties in practice due to the fact that the sector is subject to specific working and remuneration conditions and that the provisions of the new Turkish Code of Obligations, which are open to interpretation, are just being shaped by high judicial decisions. In this study, the compensation rights of employees subject to the Turkish Code of Obligations No. 6098, arising from the termination of their labor contracts, were tried to be explained in terms of the airline flight personnel specifically, how the High Courts approach the disputes or the orders of the Local Courts on this issue, the purpose and meaning of the law provisions should be interpreted, the subject is discussed under the headings and related paragraphs, it has been explained with the support of jurisprudence and it has been tried to suggest solutions to the troubles experienced in practice. Keywords: Bad faith compensation, unjust termination compensation, airline flight crew.