The concept and types of compensation in labor law
2024
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Advisor: Dr. Öğr. Üyesi Olcay Işık
Abstract (EN)
This study focuses on a private law concept, compensation. In the first part, the equivalent of compensation in both private and public law is discussed. The relationship of labor law with other branches of law is highlighted, emphasizing its independent nature as a result. It identifies the types of compensation in law of obligations, specifying the conditions, scopes, and legal qualities of pecuniary compensation, compensation for loss of support, and moral damages that employees can claim for damages arising from an employer's wrongful acts or breaches of the duty to supervise and protect employees within the framework of labor law. In the second part of the study, specific types of compensation unique to labor law are addressed under separate headings: severance pay, payment in lieu of notice, job security compensation, bad faith compensation, discrimination compensation, and union compensation. Each type is examined along with its definitions and conditions. The third and final part of the study investigates whether the types of compensation in labor law, despite being referred to as such in practice and legislation, truly meet their respective criteria. The scholarly opinions regarding their legal nature are presented, touching upon concepts such as lump sum compensation, penalty clause, etc. Finally, the study presents its own perspective on these matters.
Author
Dr. Sude Köksal
How to Cite
Sude Köksal (Master Thesis). The concept and types of compensation in labor law, 2024, Anadolu University.
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