Concepts of workplace and enterprise in labor law
2025
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Advisor: Doç. Dr. Mustafa Kılıçoğlu
Abstract (EN)
The concepts of workplace and enterprise hold significant importance in both individual and collective labor law. This study provides a detailed examination of the historical development of these concepts, their roles within the framework of labor law, and their practical implications—particularly in relation to job security, subcontracting, remote working models, and the competence and authority to conclude collective labor agreements. The relevant provisions of the Labor Act No. 4857 and the Trade Unions and Collective Labour Agreements Act No. 6356 have been thoroughly analyzed. Furthermore, the judicial interpretation of the workplace and enterprise concepts has been examined through decisions of the European Court of Human Rights, the Constitutional Court, the Court of Cassation, and the Regional Courts of Appeal. The legal definitions and consequences of these concepts have also been studied comparatively by referring to the legal systems of European Union member states, the United Kingdom, and the United States, with examples from judicial decisions in those jurisdictions. International Labour Organization conventions have likewise been taken into consideration. Throughout the analysis, judicial decisions, current legislation, and scholarly opinions have been evaluated together in an integrated manner. In the conclusion, the necessity of defining the concepts clearly and consistently is emphasized. The study underlines the need to eliminate current uncertainties in practice, reflect settled case law into normative texts, and introduce new regulations in light of evolving digital work models. The work aims to contribute to academic debates while also serving as a practical guide for legal practitioners and policymakers.
Author
Esra Çeltik
Institution
How to Cite
Esra Çeltik (Master Thesis). Concepts of workplace and enterprise in labor law, 2025, Başkent University.
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