Mutual rescission within the scope of employment law

In Turkish legislation, the termination procedures of an employment contract are classified under three categories as following; death, cancellation, and end of the definite period in a fixed-term employment contract. Mutual Recession, which has not been regulated as a termination procedure legally yet, is a termination procedure of the employment contract based on the mutual will of an employer and an employee. Through the Law no. 4773 which includes job security terms for the first time in legal legislation and altered the Law no. 1475, the term 'mutual rescission' has become more widespread as a termination procedure of an employment contract. In these days, when we consider that the number of disputes arising from the relationship between employers and employees is increasing and they constitute the biggest part of civil jurisdiction, the termination of the employment contract with the mutual will of the parties by providing reasonable benefit to the employee makes mutual recession one of the preferable termination procedure for both employers in terms of preventing the economic results of re-employment lawsuits and employees. Despite of the crucial role of the mutual rescission in working life, any legal regulation related to mutual rescission has not been entered into force yet in Labor Law no. 4857 and this legal gap has been filled with the decisions of the Supreme Courts. In this study, it has been aimed that the examination of mutual rescission and its applicability between employee and employer within the scope of the principles which dominates the Supreme Court Precedents, Employment Law and Turkish Obligation Law by reviewing the term 'mutual rescission'. Key Words: (Mutual Rescission, Job Security, Termination, Reasonable Benefit, Supreme Court Precedents)