Regulation of employers right of cancellation of contract of service by collective contract of service
2001
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Advisor: Prof. Dr. Fevzi Demir
Abstract (EN)
Employers' right to cancellation of contract of service is under regulations of labour law. Labour law also allows parties to make regulations with in the frame of the 'basic principles of labour law" in this regards. The regulations of cancellation right of the employer is made by the means of 'contract of service' or 'collective contract of service'. Under the current economic and social circumstances, the worker are vulnerable against the conditions of the employee during the signing of contract of service. Therefore, in practice, the regulations concerning the cancellation right of the employer are made by means of collective contract of service where labour union is available and have a negotiation power because of the right of strike. Articles of collective contract are aimed at giving the employee 'labour guarantee'. Therefore, it is directly related to the legal regulations which ensures labour guarantee have two ways to prevent the negative results for the employee in case of the cancellation. First of all, the permanence of the contract of service is protected by the 'deterrent legal regulations ensuring labour guarantee'. However, the obviation of the cancellation of contract of service is always not the best solution in business life. İn this case, 'recovering legal regulations ensuring labour guarantee' are to be applied. Recovering legal regulations, where the cancellation is inevitable, have been made so as to minimize the loss of the employee. Whit in this frame, under the chapter 'Regulation Of Contract Of Service Via Collective Contract Of Service', we analysed generally the contract of service by refering to the judgements of Supreme Court. After that, collective contract of service is analysed along with the basic principles of labour law and relating to the effects on the contract of service.VM İn the last chapter, 'Regulation Of Employers' Right To Cancellation Of Contract Of Service By Collective Contract Of Service' is aimed to be analysed in line with the legal ragulations about employers' cancellation right, by refering to legal regulations ensuring labour guarantee and with the advantages of analysing conclusions of many collective contracts of service as well as with the chosen examples.
Author
Mehmet Onat Öztürk
Institution
How to Cite
Mehmet Onat Öztürk (Master Thesis). Regulation of employers right of cancellation of contract of service by collective contract of service, 2001, Dokuz Eylül University.
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