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Suspension in labour relationship and legal regulations regarding the pandemic

2022
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Advisor: Doç. Dr. Özgür Oğuz

Abstract (EN)

Labor contract are private law contract that have obligations mutually and continuity. However, one of the parties may not bring own liabilities in case of conditions that are impossibility. If the impossibility situations are permanent, according to the general provisions of law of obligations, labor contract is terminated. On the other hand, if the impossibility statüs are temporary, labor contract ise not reminated. It is suspended to protect worker and to ensure labor guarantee. Suspended contract is valid legally. Therewithal, basic liabilities of parties that are wage payment, sorking etc. are also suspended. Provisions of labor contract come into force again, after suspending conditions are disappared. Although suspending regulations of labor contracts are arranged at different legistlation, there is no special regulations exclusively relating this matter. Existing regulations don't contain definition of suspending labor contracts, terms of suspending, and legal consequences. This matters are left to doctrine and judicial decisions. This situation has brouhgt many legal problems. Covid-19 influenced the World as one of the reason for suspending the labor contract. Turkey took intensive precautions after first case of Covid because of lack of legislative regulations concerning global epidemic. Sudden regulations bring along critisizm and legal debates. This study that will consist of 3 parts, first part will consider the concept, terms, aims and legal basis of suspending, and conditions of labor contract suspending. In the second part, we will evaluate the legal results of suspending of labor contact together with courts decision and doctrine debates. In the third part, we will evaluate the legal regulations of Labor Law concerning the Covid-19 which has affected significantly working life on suspending.

Author

Dr. Ali Çöldemli

How to Cite

Ali Çöldemli (Doctorate thesis). Suspension in labour relationship and legal regulations regarding the pandemic, 2022, Anadolu University.

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