The charges of contract in Labour Law

This dissertation focuses on ?The Charges of Contract in Labour Law? upon my postgraduate studies in Gazi University, Institute of Social Sciences Department of Private Law (the Law of Labour and Social Security)The charges of Contract has been enacted between the 158th and 161st articles of the Law of Obligations. The charges of Contract is a payment which is agreed by the contract and is supposed to be payed when the action is not done or is partly done. It urges people to fulfill their obligations from the contract.The charges of Contract is applied in the field of contracts. There is not any articles in the current law restraining the charges of contract to be applied in job contracts. However, recently, we see that they have been applied in private and collective agreements. Of course, it can be applied in job contracts if it is suitable for the structure of Labour Law. The aim of this dissertation is to explain the applications of the charges of contract in private and collective job contracts. In this frame, firstly, the charges of contract is generally analysed and secondly the applications in Labour Law is analysed.The aim of the charges of contract in Labour Law is to make people fulfill their obligations from job contracts conveniently like the other types of contracts and to prevent them from unjustly abolishing the contract before the deadline. On the other hand, one of the examples seen in the application procedure is the employers who give professional education to their employees and makes a lot of expenses for this education, and agree on the charges of contract or the repayment of these expenses in the job contracts in order to make their workers stay in their business. In this condition, the Supreme Court does not look for an agreement for both sides for the validity of the charges of contract.Because there is no article regulating the charges of contracts in job contracts in the current labour law, the decisions about under which conditions these charges are valid, are made by the Supreme Court. Of course, these conditions are determined by taking the private structure of the Labour Law in to consideration including articles protecting the employees who are economically weak and exposed to exploitation. The Supreme Court stipulates the validity of the charges of contract in job contracts on condition that is agreed for both sides, not for one side only in the disadvantage of the workers.It is possible to decide on the charges of contract in collective job contracts in the frame of the authorithy of the collective job contracts. In practice, the charges of contract are decided in the collective job contracts for the articles that ensure providing personal rights and job guarantee. In the case of an overcharge of the charges of contracts in both private and collective job contracts, the Supreme Court and the doctrine agree on a discount by the judge.Key Words1. Unjust abolishment2. Job guarantee3. One sided agreement in the disadvantage of the worker or mutual agreement4. The charges of contract for the education expenses or repayment charges.5. Discount