Master'sOpen Access

Valid reasons for termination of the employment contract

2024
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Advisor: Doç. Dr. Tayfun Ercan

Abstract (EN)

As it is known, employment contracts are established between two parties, the employee and the employer, and the employment contract can be terminated by these two parties. The subject of our thesis is the concept of "Valid Reasons for Termination of the Employment Contract" in our legislation in order to prevent arbitrariness and protect workers at the point of termination of the contract by the employer. Article 18 of the Labor Law No. 4857 regulates the obligation of the employer to rely on a valid reason in case the employment contract is terminated by the employer. According to the aforementioned regulation, the employment contract of an employee within the scope of employment security can only be terminated for a valid reason arising from the competence or behavior of the employee or the requirements of the business, workplace or work. In cases where the obligation to terminate for valid reasons is not complied with by the employer, the legal consequences of the invalid termination will be reinstatement, non-reinstatement compensation and idle time fee. In the first part of our thesis, the concepts of labor law, worker and employer, employment contract, termination and termination types of employment contract, ILO convention No. 158 and employment security concepts will be mentioned in general; in the second part, within the framework of Article 18 of the Labor Law No. 4857 and judicial decisions, valid reasons for termination and situations that cannot be valid reasons for termination will be explained; in the third part, the termination procedure of the employment contract, objection to termination and legal consequences of invalid termination will be discussed.

Author

Dr. Metin Ozan Omuş

How to Cite

Metin Ozan Omuş (Master Thesis). Valid reasons for termination of the employment contract, 2024, Gaziantep University.

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