Master'sOpen Access

Employers obligation to comply with employers instructions

2007
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Advisor: Y.doç.dr. Serkan Odaman

Abstract (EN)

There are certain obligations charged to the employee and employer both ordered by the laws and born by the contract in result of conclusion of the labor contract and establishment of the business relation. One of employee?s obligations, which is the obligation to comply with employer?s instructions, is the subject of our study. In the first chapter, employee who is bases concept of labor laws, employer and labor contract concepts have been exammed according to the laws governing our labor life. In the second chapter, employee?s obligations constituting the structure of our scope are mentioned; the competition prohibition, employee?s obligation to perform his work, care and loyalty obligations are explained and examined via sentences of the Supreme Court, which are precedent to the subjects. In the third and last chapter, employer?s management right has been defined to the extent of binding quality of the labor contract; subjects like utilization of said right by the employer at the workplace (at work) and restrictions brought by the laws and regulations when utilizing this right. Further, the constitution of the principle of personality rights of the Civil Code restricting the management right within the Draft of the New Law of Obligations is mentioned, too. Finally, employer?s right to give instructions, which is the manner of utilizing the management right, and employee?s obligation to comply with the instructions in the contrary are discussed; the concept and kinds of obligations, examples from applications and consequences of failing to comply with the instruction by the employee has been examined by exemplifying once again with many precedent Supreme Court sentences. Key Words: 1) Obligation 2) Binding Quality 3) Management Right 4) Instruction 5)Obligation to Comply.

Author

Esra Durşen Keser

How to Cite

Esra Durşen Keser (Master Thesis). Employers obligation to comply with employers instructions, 2007, Dokuz Eylül University.

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