Yüksek LisansAçık Erişim

The provision and results of the abuse of the right of employment contract cancellation

2010
0 görüntülenme
0 i̇ndirme
Danışman: Prof. Dr. E. Tuncay Senyen/kaplan

Özet (EN)

Rights are given to people for social and economic purposes, they can not be used for any other purpose. If these rights are being exercised outside these social and economic purposes, It should be considered as abusing these rights.Right of cancellation is a right that causes a demolishing innovation, it is also effectaul when the rightful party discloses his/her will. In a contract of employment of indefinete duration, both sides can end the contarct by using the right of periodical cancellation. The purpose of this given right of periodical cancellation of a contract is to protect personal rights.In modern labor law, If the employee who is economically poor is being discharged from his/her job, that person can come across economical and social difficulties. Taking these difficulties and especially the employment assurance policy into consideration, the limitation of the unilateral cancellation of the contract of employment is being defended.The use of periodical cancellation right has been limited by referring to abuse of rights theory. Yet the use of periodical cancellation right by the laborer can be considered as individual liberty, the limitation of the aforesaid right is usually used by the employer.From the sanction of the abuse of the right of periodical cancellation, the given compensation is defined as malice compensation. This compensation occurs in the cancellation of working contracts of employees who have not taken advantage of working protection adjudications.

Yazar

Dr. Algan Gültan

Bu Yayına Nasıl Atıf Yapılır

Algan Gültan (Master Thesis). The provision and results of the abuse of the right of employment contract cancellation, 2010, Baskent University.

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