Master'sOpen Access

Contractual liability of worker and its limitation in Turkish Labor Law

2011
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Advisor: Prof. Dr. Hamdi Mollamahmutoğlu

Abstract (EN)

Responsibility of laborer, who depends on an employer, for employers and principles about limitation of this responsibility are analyzed by that study/thesis. As laborers are the weakest parties of employment contracts and also discharge their duties in accordance with orders and directions of employers, it is not found acceptance that being responsible on charge of employers? any kind of fault. On that study/thesis, our view, about that laborer cannot be hold responsible for each kind of fault, is explained.Fault is based on the idea about behaviors of humanbeing are result of his own free will. However, will of laborer who is the weakest party of employment contract is limited to orders and directions of employer. Therefore, it is necessary that laborer can be made responsible for his only gross fault or intent about violation of contract.On that study/thesis, by thinking of legal relationship between laborer and employment contract, we reach these results that responsibility of laborer can be limited and this limited can be designed according to importance of laborer?s fault.Key Words1.Responsibility2.Diligent act3.Presumption of fault4.Culpa lata5.Irresponsibility agreements

Author

Sevilay Cenik

Institution

How to Cite

Sevilay Cenik (Master Thesis). Contractual liability of worker and its limitation in Turkish Labor Law, 2011, Gazi University.

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