The conditions of expiration of a contract of employment except the condition of annulment

The first definition of the contract of employment was defined in the Code of Obligations and the definition of the business agreement was brought into the Labor Law by mediation of the Law Number 4857. Despite being an idiosyncratic branch of the law, the branch of the Private Law containing the definition and general conditions per se has a scope of application in the Labor Law on the basis of the Code of Obligations. The cases pertinent to the conditions of expiration of a V that have a wide scope of application are reflected in the Labor Law stemming from the general provisions of the Code of Obligations. The definition of the contract of employment in accordance with the sub clause 1 of the Article 8 of the New Labor Law, Law number 4857 states that ?it is a kind of contract that one of the parties (employee) undertakes the realization of the job in permanent matters, and the another party (employer) undertakes paying the wages?. On the basis of this definition, it means that the expiration of a contract may be actualized by the declaration of intent of the both parties and the conditions excluding the declaration of intent of the both parties. The expiration of the contract of employment is divided into two main parts. One part of the conditions of expiration is the expirations without any declaration of intent in the expiration of a part of the job. The contract of employment may expire in case both of the parties compromise in the discharging of the contract, one of the parties dies of the part-time contract. Although, the condition of annulment that causes expiration of a contract of employment except from the mixed conditions exists, those conditions were not mentioned within the scope of our study. In the introduction of our study, the definition, elements and the kinds of the contract of employment was mentioned and a brief introduction about the expiration was given; then in the first chapter, after mentioning in passing the 122 subjects like expiration of contract of employment and the condition of annulmnet the subjects like the expiration of a contract of employment except the condition of annulment and because of the compelling reason which does not exist at the date of settling of contract that prevents one of the parties to actualize the job and making over or changing of the workplace and the declaration of insolvency of the employer was scrutinized. Due to the fact that the conditions of expiration of the contract of employment such as the conditions of death, compromising of both parties, the expiration of a particular period, the condition of the expiration of the contract because of the nullity of the contract of employment is evaluated within the scope of the Code of Obligations stemming from the fact that just like the any other contract, it is subject to the conditions of legality. Due to the fact that it was exomined to be applied or not to be applied has been clearly mentioned, in the Law that the contract of employment is considered to null and void because of the deficiencies and defects during the course of the establishment of the contract of employment and due to the fact that the contract of employment is generally considered to be a contract, it is obvious that the valid binding terms and conditions are to be applied in the contract of employment. In the second chapter of our study, the results and the consequences of the expiration of the contract of employment, severance allowance, acquittance and the certificate of employment were analyzed in great detail. The severance allowance; the Article 120 of the Labor Law, Law Number 4857 which has been modified in year 2003 and the Article 14 of the former Law Number, Law Number 1475 that regulates the conditions related to severance allowance has left it in effect and therefore has a scope of application. The different point of views related to the concept of severance allowance which has a different juristic attribute was explicated in great detail. The concept of acquittance, another point mentioned in our study, is a concept of savings which was not put in order by the Labor Law but used de facto. This study has been shaped around the current viewpoints mentioned in the doctrine and the current final decisions of the Supreme Court of Appeals related to the cases mentioned in our study.