Master'sOpen Access

Results of return to work and court of cassation practices

2021
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Advisor: Dr. Öğr. Üyesi Mustafa Göktürk Yıldız

Abstract (EN)

After the Industrial Revolution, the development of workers' rights and trade union movements started to make legal arrangements to improve the working conditions of workers in favour of workers. After the regulations made by international organizations such as the ILO, Council of Europe and the European Union, the concept of job security was regulated for the first time in domestic law in the Labour Law No. 1475. In the thesis, the definition and elements of job security, conditions to benefit from job security, compulsory mediation system, form and principles of termination and termination of employment contract within the scope of Labour Law No.4857 were examined. The decisions that can be taken in the reemployment lawsuit and the results of these decisions are also explained. In addition, the results of the employee's application to the employer after the decision of acceptance of the case, the employer's invitation to employ the employee, the employee's acceptance of the invitation or not upon the invitation to work were discussed. However, the consequences of not being invited to work by the employer despite the employee's application or the employee's not making any application were examined within the framework of the provisions of the Labour Law and Labour Courts Law. Following the decision of reemployment, the rules that the worker and the employer must comply with have been expressed, and the probability of starting or not starting work, and the compensation and wages that the worker may demand within the scope of these possibilities, other rights and non-employment compensation are examined in all aspects within the context of doctrine and judicial decisions.

Author

Dr. Ahmet Yavuz Özbudak

How to Cite

Ahmet Yavuz Özbudak (Master Thesis). Results of return to work and court of cassation practices, 2021, Yalova University.

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