Unjust rescission of fix-term labour contracts in Turkish labour law

Fix-term labour contracts are the contracts in which the date of termination is determined by the parties and which can be agreed at fix-term works and due to some objektive conditions such as fulfilling of specific work or revealing of a specific action. Fiz-term contracts, in rule, are automaticly terminated by the ending of the period. This kind of contracts are not possible to be terminated by one of the parties before the period except rightful rescission. Though, in practice, it has been a common situation that the contract is rescissied before the end of the period. However, there is no such regulation in positive labour law about the legal qualifications and consequences of a rescission like this. This condition has brought about some arguments both doctirine and in practice. In case, the fix-term labour contract is unjustly terminated by the employer, according to the unjust rescission doctirine with which we agree and unjust but valid rescession is talked of. The employee has right to demand a indemnity of an amount of wages releated to remained period of the contract for the loss he has ancountred because of the early termination of the contract. From the indemnity which will be accounted due to 325. Article of the Code of Obligations, also according to this article, the values which the employee has saved during this period because of the rescission of the labour contract together with the profits he has gained by working or the values he has intentionaly avoid earning are deducted. In case, the employee has a right to severance pay if other conditios exist and penal caluse if it is stated in the contract. In case, the fix-term labour contracts is terminated by the employee the labour contract ends. In this case, the employer may demand an appropriate indemnity for his loss according the general principles. In addition, if there is a penal caluse which was agreed on both parties, the employer has a right to that penal clause. In such a rescession which is made by employee, with an exception of the reasons that are stated in the 14. Article Of Labour Code, the employee can not have a right to severance pay as a rule.