Nameless contracts in labor law

ABSTRACTDoctorate ThesisNameless Contracts on Labor LawErdem ERDENKDokuz Eylul UniversityInstitute Of Social SciencesLabour Economics and Industrial RelationsDespite the free will within the Contract Law, the conflict to acceptsubordination as basis, is the main feeding vein of labor law. Including typicalactions of labor contract, it could be said that this conflict generallyconcentrates on ?nameless contracts?? field. If -minimum one- Parties in anameless contract, cannot define type of action regarding the labor contract(performance of work according to period and subordination) the contractbecomes a subject of labor law.Various objectivities that consist ?data aspects? should be investigatedsystematically before interpreting each nameless contract. Pre-investigation isnot an ?interpretation? and does not include standard solution methods and it isimpossible to develop such a standard method. Though, after collectingnecessary data about the nameless contract regarding labor law that encounterssolid cases, one could benefit from general knowledge due to nameless contractsat interpretation level. Interpretation should not be made according to one idea,but through various ideas by chosing the most appropriate one, applicable tosolid case?s aspects. ?A nameless contract on labor law means more than laborcontract? should always be remembered. Benefiting from nameless contracts?knowledge does not necessarily mean leaving social and protective aspects oflabor law aside. It actually aims to encounter other protective desicionsbelonging to other law branches on period and subordination basis, regardingthe benefit of the party that performs the work. For instance, the social aspectsof rental law?s protective desicions about ?housing labor contract? causesdischarge; or in ?worker advocate contract? advocate law that protectsadvocates should be applied as ?fees paid through the desicion of the court? thatis outsourced from advocate actions.Globalization wave indispensably makes labor law to approachcontract law that was disconnected from each other in the past century. On theother hand contract law is generally unbalanced, one party?s empowerisedjoining contracts and nameless contracts are observed to be widespread. In thenear future, labor law nameless contracts and even arranging according toregulations could ask for a compulsive investigation in detail.Key World: 1) Nameless Contract, 2)Labor Law, 3) Mixed Contract4) Obligation Law, 5) Sui Generis Contract