Penalty clause in Labor Law

If the debtor acts in contrary to the debt, the creditor may request the payment of the penalty clause if it has been agreed in the agreement. Thus, the creditor has a legal opportunity in case of a breach of the agreement where proving the damage and the failure of the debtor are not sought. The penalty clause is not intended to compensate only the resulting loss of the creditor. In addition to this, the most important function of the same is to ensure the performance of the debt through putting pressure on the debtor, other than sanctions in law. Likewise, in some cases, it is necessary to mention that the penalty clause has the purpose of punishment. In our work titled "Penalty Clause in Labor Law", penalty clause was primarily approached within the framework of general provisions. In this context, other than the purpose and the legal nature of penalty clause and the types of the penalty clauses, especially the amount of the penalty clause and the reduction of the excessive amount of the penalty clause are discussed. Afterwards, the labor contracts where the penalty clause is frequently included, have been examined in the context of general transaction conditions, principles of termination and types of termination. In addition, due to the scope of the subject of our work, the penalty clause in the collective bargaining agreement was also evaluated. Finally, it has been emphasized on the matters of the repayment of training costs clause and non-compete clause, which have special importance on the determination of the penalty clause, to be valid following the termination of the labor contracts. While this work was carried out, the decisions of the Court of Cassation were referred to as much as possible. In addition, in our work, the comparison, when necessary, was also made with Swiss and German Law.