Transfer of labour contract

Employment relationship is a working relation founded with a labour (employment) contract. In a labour contract, a party (employee) undertakes to work as the dependent, while the other party (employer) undertakes to pay a fee. With the agreement of the transfer of the labour contract the transferring employer agrees to transfer the employment contract, the third person (transferee employer) agrees to take over the employment contract and the employee agrees to be transferred from the transferring employer to the transferee employer. As a result of the transfer of the labour contract, all rights and obligations arising from this contract are transferred to another employer. The concept of the transfer of the labour contract had been discussed in the doctrine and judicial decisions in terms of Turkish Labour Law and then has taken its place in the legislation. Even in the absence of legal regulations on the transfer of the labour contract, the transfer of the contract was considered possible due to the principle of freedom of contract which is one of the main principles in law of obligations and the contracts regarding transfer of the labour contract were accepted as valid. Although the concept was included in the Draft of Labour Code, it did not become a law in the process of adoption of the law, and the legal basis was obtained with Article 429 of the Code Of Obligations No. 6098, which entered in force on 01 July 2012. The aim of this master thesis is the examination and evaluation of the transfer of the contract and its legal results.