DoctorateOpen Access

Termination of employment contract for just cause by the employer

2011
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Advisor: Prof. Dr. Aziz Can Tuncay

Abstract (EN)

When the employer terminates an employment contract for just cause, the employee is confronted by considerable negative serious consequences. By means of the termination of contract for just cause, the employee loses the sole livelihood source for himself and his familiy and he is afforded neither the right to enjoy notice pay nor that to severance pay in a majority of cases. This issue which lies at the origin of numerous cases in practice is essentially governed by the Turkish Labour Codes and the Code of Obligations, which together constitue the fundamentel laws of Turkish labour legislation. In face with the impossibility to draw up an exhaustive list of the just causes useable for termination of the contract due to the legislator?s choice of forseeing general rules rather then specific cases, the composition of the rules has been filled by the judiciary and the doctrine. As such, the aim of this work is to establish the just causes of the termination of the employment contract by the employer in the light of the judicial decisions of Turkish, French and Swiss Supreme Courts and their interpretation by the doctrine.

Author

Dr. Fatma Burcu Savaş

How to Cite

Fatma Burcu Savaş (Doctorate thesis). Termination of employment contract for just cause by the employer, 2011, Galatasaray University.

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