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Rightful termination and results of labor contract by labor in Turkish Labor Law No 4857

2019
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Advisor: Doç. Dr. Cihan Selek Öz

Abstract (EN)

Industrial revolution has been the onset of a process which effectsand changesthe production system and actors of working life in the world. With industrial revolution two-class dependent labor relations have emerged. In the first years of industrial revolution establishment of labor relation's actors consisting of labor and management class and consequences of labor relation according to self-determination of sides was formed. Due to the fact that this liberty has adverse outcomes in terms of labors, in the upcoming years labor law has been in the center of working life. Today at the outset of working life and labor relation labor contract takes part. With the establishment of labor contract, plenty of legal consequences emerge like; insurance, subsistance wage, working hours, relaxation allowance, occupational health and safety. Labor relations established with labor contract is not a relation which last forever. Labor contract terminates according to accurements of particular causes. Legal system attributesto some legal consequences at the cutoff point as in establishing the labor contract. But consequences which come to exist with the cutoff will be different if employer terminates the contract or employee terminates. In Turkey labor legislation the most important result that connects termination of labor contract is severance pay. But economic developments, social developments, cultural shifts and changes in the country effect this labor contract's justifications, causes and termination associated with legal consequences. Today along with the termination of labor contract, a great deal of legal consequences become a current issue such as unemployment insurance, employment security, prohibition of competition and copyright. In this study; legal consequences and justifications will be examined which are associated with rightful termination done by labor. Because there are differences in terms of consequences that come exist between labor's ordinary termination and rightful termination in the labor contract. Study consists of three section. In the first section; alternations which are encountered with industrial revolution will be examined. Within this scope legal state of labor contract will be examined in consideration of development of Turkish labor legislation. In the second section; justifications for temination of labor contract and in terms of these justifications, labor's right to terminate with valid reason will be examined. In the final section; information about legal consequences which are associated with labor's rightful termination right will be given.

Author

Dr. Merve Yeşilbaş Orhan

How to Cite

Merve Yeşilbaş Orhan (Master Thesis). Rightful termination and results of labor contract by labor in Turkish Labor Law No 4857, 2019, Sakarya University.

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