Good faith and prohibition of abuse of rights on termination of labour agreement

"Good faith" is a main notion of civil law since Roman law, used as a criteria to set a level of behavior of pater familias. "Abuse of law" is seen to be its companion, but their historical backgrounds didn't go hand in hand as the concept of abuse is found illegal barely a few centuries ago. These two notions are used in modern law systems and help jurisdiction and doctrine to look at legal disputes through different angles. First one, establishing a behavior model of an honest, righteous, moderate person and the latter is allowing the right-owner to enjoyment of his right and distinguishing the real right, which is the real intention of legislative authority. In this thesis, we would like to look deep into the effects of these concepts to the right of termination of labour agreement. The right of termination is a complex context itself; on one hand it is a way-out of a long term agreement and on the other hand, the modern labour law tries to limit its usage especially by the employer, who is seemed to be the powerful part of this unequal agreement. Many countries firstly used good faith and abuse of law to determine the limits of this right and then moved onto a more strict job security system. Turkey is also one of them, but still there are too many employees out there who can not benefit the legal protection of a secure job. Even if the job is secured, all deeds of labour agreements needs to be examined through the lens of good faith and right to terminate should not be used arbitrary. Otherwise, both employer and employee has to face the consequences, which may vary according to the concrete case.