The termination of the labor contract due to union reasons and legal consequences
2020
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Advisor: Prof. Dr. Serkan Odaman
Abstract (EN)
The union right takes its source from the Constitution. In this context, unions are an integral part of democracy and are an important social side in working life. Unions protect the economic, social and cultural interests of their members in the workplaces where they are organized and enable working terms and conditions in the workplace to be improved. Unions intend to carry out these activities in the workplaces by making requests to the employer. They carry out union activities to meet their demands positively and at the level of their expectations, thus they expect their requests to be approved by the employer. Unions take their power from their members while carrying out all these activities. Unions will represent more workers in proportion to the majority of their members. As a natural extension of this, the greater the number of members, the stronger negotiations and bargains with the employer will be able to hold. In this context, the most important and essential efforts of the unions themselves are to increase the number of members and represent more workers. One of the most important rights of the employer is the right to management. Because, the employer's right to management takes its source from the Constitution just like the union right. Employers want to be free when exercising their right to management. For this reason, they may consider the decision to be taken by themselves regarding the management of the workplace as a field of freedom. As such, employers who have the right to manage the workplaces may think that the union will take away their right to manage along with taking authority. On the other hand, they may think that the demands of the unions will also create costs for the workplaces. As a natural extension of all this, they can terminate the employment contracts of workers engaged in union activities in the workplace. The real will may be hidden while these terminations are in question. Tulle curtains in front of the real purpose of the employer will need to be spaced. In this study, the termination of the employment contract due to union reason and the legal consequences of the termination of the employment contract due to union reason were examined. In the study, firstly, the concept of the union was theoretically examined. In this section, the questions of how the union phenomenon is formed and how it is defined are examined. In the continuing part of the study, the termination of the employment contract and the union reason were examined. According to this, examples of termination that may be the subject of the union reason are conveyed within the subject. In the ongoing part of the study, the concept of union compensation is examined. In this context, the concept of termination of the employment contract due to union reason and the proof of termination of the employment contract due to union reason are explained. The subject was enriched with the decisions of the Supreme Court. On the other hand, information was given about the conditions of union compensation and regarding the process to be followed in the mandatory mediation if the union compensation is requested. Finally, in the last part of the study, the relation of union compensation with some other compensations is explained.
Author
Dr. Ahmet Koyuncu
Institution
How to Cite
Ahmet Koyuncu (Doctorate thesis). The termination of the labor contract due to union reasons and legal consequences, 2020, Dokuz Eylül University.
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