Master'sOpen Access

International jurisdiction of Turkish courts in individual employment disputes

2019
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Advisor: Prof. Dr. Emre Esen

Abstract (EN)

In our study, we tried to examine the international jurisdiction of Turkish courts in cases arising from individual employment disputes. This study seeks to answer the questions under which conditions the Turkish courts will be competent in individual employment disputes and whether the rules of jurisdiction fulfil the purpose of protecting the employee. We have tried to clarify the relationship between the rules of jurisdiction in our domestic law regarding non-foreign employment disputes and the rules of jurisdiction governing employment disputes bearing foreign element. We tried to determine whether the agreement of jurisdiction can be arranged between the employee and the employer, the conditions of this together with the opinions in the doctrine when it is accepted. The extent to which the rules of jurisdiction regulated by MÖHUK are sufficient to protect the employee, who is considered to be a weak contracting party in all legal systems, whether the rules of jurisdiction are exorbitant jurisdiction, whether the jurisdiction rule regulated by MÖHUK is the exclusive jurisdiction rule and finally an employment disputes by a foreign state court after determining the opinions in the doctrine about the conditions under which recognition and enforcement decisions could be made before the Turkish courts, we tried to draw attention to the problems in the current practice. Keywords: International Civil Procedure Law, Labor Law, International Jurisdiction, Individual Employment Contracts

Author

Dr. Oğuzhan Dalkılıç

How to Cite

Oğuzhan Dalkılıç (Master Thesis). International jurisdiction of Turkish courts in individual employment disputes, 2019, İstanbul University.

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