Master'sOpen Access

Termination of the employment contract due to employee attitudes based

2009
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Advisor: Doç. Dr. Hakan Keser

Abstract (EN)

It has been the duty of government to minimize the social inequalities in society depending on the understanding of Social Constitutional State by protecting the employers against the employees and therefore ensuring the stability of their salaries through which they can make their own living. The employers have been tried to be protected against termination by legal arrangements made. Resolution 158 of ILO which is the , `Contract related to ending the relation of service by the employer, also approved by or country, includes employment guarantee clearly. In parallel to this, resolution 4773 of `Business Law, Union Law and the law relative to making a change in the arrangement of relations between the ones employing and employed in the field of press? has aimed at considering the termination as the last resolution and therefore protecting the employees against termination by preventing the malicious terminations of the employers.In view of these legal arrangements, the employment contract of the employees included in business (job) guarantee cannot be terminated (abolished) without showing any valid reason. At this point, whether the attitude (behaviour) of the employee will result in a right or a valid reason will be of importance. Because, both the procedure to be followed and the legal resolutions of it will be of difference in both forms of the termination. Hence, it is necessary to differentiate between right reason and valid reason. The reasons caused by the attitudes of the employee are the reasons which are not as hard as right reasons but not allow the continuity of employment contract by causing problems in business. Valid termination reasons caused by an attitude should involve the failure of the employee as opposed to the reasons caused by inefficiency of the employee. In this case, the criterion is the negative effect of faulty attitude of the employee on his business relation. In the conditions where the will of the employee is effective and determining ,there is a reason caused by his attitudes. In such cases, the employer must pass on a warning to the employee before termination and if the attitude is repeated then termination will be necessary. In other words, termination must be the last resolution. In this study, the valid termination reasons caused by the attitudes of the employee have been investigated considering the concept of termination.Key Words: Termination, Termination With Notice, Termination Without Notice, Business(Job) Guarantee, Right Reason, Valid Reason, Attitude, Employee attitude-Based Reasons.

Author

Dr. Hande Akan

How to Cite

Hande Akan (Master Thesis). Termination of the employment contract due to employee attitudes based, 2009, Dokuz Eylül University.

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