Master'sOpen Access

Compelling reason in individual labor law

2022
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Advisor: Doç. Dr. Kamil Ahmet Sevimli

Abstract (EN)

The subject of this thesis is a compelling reason in individual labor law. Although the concept of compelling reason is included in many of our laws, it is not defined in these laws. The judiciary's decision and its doctrine consider the compelling cause unforeseen, unavoidable, violating the debt, not being uploaded to the parties of the contract, and an external event. The compelling reason in the law of obligations is the end of the contract as an impossibility that the debtor is not responsible for. However, the compelling cause of labor law does not immediately terminate the contract as is the law of obligations. The compelling reason in the labor law suspends the employment contract and authorizes the parties to terminate the contract. In addition, following the emergence of the compelling cause, various working models and the continuation of the contract are intended. In the first part of our study, the definition and elements of the compelling reason were examined within the scope of the opinions in doctrine and judicial decisions. It also refers to concepts that look like compelling cause and differences between them. In the second section, the provisions of the Labor Law No. 4857 including the compelling cause have been examined. In the last chapter, the compelling reason is the impact of relations in Labor Law No. 4857. Key Words: Compelling Reason, Force Majeure, Covid- 19, Suspension, Impossibility.

Author

Sümeyye Alan

How to Cite

Sümeyye Alan (Master Thesis). Compelling reason in individual labor law, 2022, Bursa Uludağ Üni̇versi̇ty.

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