Master'sOpen Access

Fixed-term employment contract to Labour Law numbered 4857

2009
0 views
0 downloads
Advisor: Doç. Dr. Hakan Keser

Abstract (EN)

That the phenomenon of globalization as well as economic and technological developments stipulate international competition considerably has created a `change? and increased the need of flexibility in the field of employment rapidly. Of the flexible working patterns, fixed-term employment contract is an application way flexibility contrary to economic and technological developments, making the enterprises content in terms of the efforts for protecting and improving competition power. However, since this feature of the contract is suitable for malicious applications on the part of employers, and fixed-term employment contract provides socially less protection as compared to the employees working through employment contract of indefinite durationt, the necessary limitations have been determined by both international arrangements and national laws in order to be able to set up such contracts.In our country, with the resolution 4857 of Labour(Business) Law, the arrangements related to fixed-term employment contract have been adjusted in a more detailed way within the framework of freedom of contract in our Debt Law and constitution, and according to both resolution 158 in International Employment Contract of ILO and especially resolution 99/70 of European Council as well as the limitations mentioned in `Framework Contract relative to Fixed-Term Service Contracts? which was put into effect. Through this arrangement, fixed-term employment contracts have been defined as a written employment contract between the employer and the employee depending on the objective conditions, where there is a certain phenomenon or completion of a certain business in fixed-term employments, and also it has been stated under what conditions this could be implemented aiming at preventing the possible problems in application.As a rule, at the end of the period if one of the right reasons included in the 24th and 25th article of resolution 4857 of Labour(Business)Law related to fixed-term employment contracts ending simultaneously occurs, the contract can always be cancelled.In this study, fixed-term employment contracts have been handled in a detailed way and they have been structured according to the decisions of Supreme Court by studying the discussions in the doctrine caused by the loopholes in law.

Author

Dr. Duygu Özyılmaz

How to Cite

Duygu Özyılmaz (Master Thesis). Fixed-term employment contract to Labour Law numbered 4857, 2009, Dokuz Eylül University.

Keywords

License

Tüm Hakları Saklıdır

This work is shared under the specified license terms.

More theses from Dokuz Eylül University