Transfer of business and its legal results in the Labor Law

One of the most significant subjects and purposes of the contemporary labor law is to preserve the labor relation between the employee and the employer; in other words, to provide the employment security. Various legal arrangements have been made in labor law to preserve the existence of the labor relation and to provide the employment security. One of these legal arrangements is regarding the transfer of the business or a part thereof to another employer.At the time period prior to the coming into force of the law no 4857, no special provision existed regarding the transfer of the business and the labor agreements to the transferee employer completely; nevertheless, with the help of the legal decisions of the labor legislation, a general principle regarding the continuation of the labor agreement with the transferee employer was constituted. The principle at issue was made compatible with the European Union directives no: 77/187 and 2001/23 and formulated as a plenary statutory provision with the arrangement of article no 6 of the Labor Law no 4857 with the heading ?the transfer of the business or a part thereof?.This thesis, entitled ?Transfer Of Business And Its Legal Results In The Labor Law? is divided into four chapters with the inclusion of the Supreme Court case laws.In the first chapter, the concepts of the employer, the business and the enterprise and the causes resulting in the change of the employer are analyzed.In the second chapter, the contents and the concept of transferring the business, the European Union Directives regarding the transfer of business, types of transfer of business and the relationship of the transfer of business with the sub employer is analyzed.In the third chapter, the legal state prior to the Labor Law no 4857 related to the transfer of business is discussed, followed by an analysis of the formulation of the Labor Law no 4857. In this chapter, the continuation of the business agreement with the new employer and the effects of the transfer of business on the civil business agreement, the rights and the debts of the employees are analyzed in a detailed way.In the fourth chapter, the legal arrangements in Maritime Labor Law, Trade Unions Act, Collective Labor Agreement, Strike and Lock-out Law, Social Security and General Health Insurance Law and Act Concerning Labor Management Relations In The Press are evaluated. These evaluations are restricted to the article numbers related to the transfer of business of the relevant laws.