Evaluation of ending the labor contract in aspect of Labor Law
2008
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Advisor: Yrd. Doç. Dr. Suat Uğur
Abstract (EN)
Labor contracts, one of the fundamentals of labor law, still maintain as an up-to-date topic. Developing and ever-changing circumstances between employee and employer is quite effective to labor contracts. For instance, employees have become more effective and powerful by the support of non-governmental organizations just like trade unions which make the balance between employee and employer in favor of the employee when ending a labor contract.We can say that employer plays an effective role in ending a contract as well as preparing it. To illustrate, the employer that is in a better financial position, is more active in terms of paying the revealed price and the severance pay when ending the contract. On the other hand,new labor security law with 30 employee limit, have came into the picture to overcome this effect and to set the balance in favor of employees. Despite the criticisms, the new labor security that became a part of Turkish jurisprudence after great efforts, has made it mandatory to have an effectual reason to abolish the labor contract in businesses with thirty or more employees; by doing this, it cuts in favor of employee against employer. In this way, arbitrary abolishing of a labor contract is forestalled.The benefits in favor of employee, which come up as a result of abolishing of labor contract, have to be conserved. In this case, if there are circumstances which are in favor of employee; like revealed price and severance pay, and some other material credits which have to be paid by employer, they all have to be conserved as well. From this aspect, the consequences which come up due to the condition of not paying the rights, were raised in favor of employee and the provision effort of the employee was wanted to be conserved. In case of putting an end to employee?s job, the unemployment insurance was executed in a law for maintaining the living standart of the employee.Compensating between employee and employer and balancing the common benefits will be the consequences, only if they have respect for each other and have the effort with common sense. Otherwise, a jurispruduce will maintain with laws that are result of the balance keeping efforts between the parties.
Author
Erdoğan Madak
Institution
How to Cite
Erdoğan Madak (Master Thesis). Evaluation of ending the labor contract in aspect of Labor Law, 2008, Çanakkale Onsekiz Mart University.
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