The effect of the transfer of workplace on the labor agreement

Economic developments experienced today forced the enterprises and the workplaces to some structural changes; the factors such as global market, competition market etc. directed the workplaces towards the transfer of workplace in order to be able to become powerful and to maintain their presence. Prior the transfer of workplace, the employees being the subject of the labor law and performing the labor will be primarily affected. Whether the labor agreement will continue or not in case of transfer of workplace and how the outcome of the workmanship receivables to which it became entitled prior the transfer will be were laid down in the Article 6 of the Labor Law No° 4857. Besides this, the transition of labor relations regarding the transfers of workplace arising as a result of the structural change in trading companies was set out in the Article 178 of the Turkish Commercial Code No° 6102. In spite of the fact that there exist similar points between both regulations, it is seen that some differences with the purpose of protection of the employee were envisaged. In the present study, transfer of workplace and effects thereof on the labor agreements were examined, the common and the different provisions of the Article 6 of the Labor Law No° 4857 and the Article 178 of the Turkish Commercial Code No° 6102 were examined one by one and emphasis was laid on the application priority.