Impossibility in labour relations

In labor law legislation, the consequences of impossibility of performance is handled differently than it is legislated in general provisions of law of obligations. Especially because of personal dependency to the employer, the conclusions of impossibility needs to be considered according to the characteristics of the branch of labour law. One obvious example of this tendency is regulated in the 409th article in the chapter for labour contract of law of obligations which protects the employee against being devoid of return performance entirely. It shall be pointed out that the consequences of non-performance, its effects on the return performance and the future of the contract is not legislated in a unique form in labour legislation. In some cases, the differences coming from the nature of the work makes it legitimate to have discreet arrangements. However in our legislation, it shall be stated that there are differences related to the consequences of impossibility which seem difficult to justify. In our study, it is aimed to emphasise the need to modify the concept of impossibility in labour law by examining its status in law of obligations. In fact, the change of relationship between the employee and employer, diversity of job types and the rise of new working models require reconsideration of current legal order. Therefore in our study, the effort is put on investigating the new tendencies observed in comparative law and proposing solutions for identified problems by assessing the legal arrangements in our current legislation.