Master'sOpen Access

Sanction against not being paid of the employer wages

2011
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Advisor: Prof. Dr. Şükran Ertürk

Abstract (EN)

In the labor contract, which encumbers both sides with debts, there is the employers? charge of payment in response to the working function of the employee. Wage, is one of the fundamental components of employment contract, needs to be protected against the employers and third persons because of being the only means of living. For this reason, imperious judgments, which edit and protect the wage credits, take place in Code 4857.Employers have to fulfill the charge of wage payment dully in time when is determined with the law, employment contract or collective labor law. The employer, who does not administer the charge of his wage payment in time or accurately, has to face with kinds of law and administrative sanctions. Law sanctions which employer faces with undergo a change according to whether having ability to pay or not. In case employer, not having the ability to pay, does not administer the charge of his wage, employee is going to have right of cancellation and right of retention in accordance with general provision and also he will be able to require his wage credit to be paid from wage guarantee fund. Employee?s right of avoiding from working function, right of termination of employment contract based on good reason, right of action for performance of contract and the right of requiring the highest interest applied to deposit are the law sanctions which the employers face with despite of not having the ability to pay.In this study, law and administrative sanctions, which are applied in case of not being paid the wages, are examined and in the first part of the study after the explanations related to the concept of wage, time for wage payment, its place and way, law and administrative sanctions are going to be explained in accordance with Code 4857, Labor Code 1475 and Supreme Court of Appeals Law.In our study, the legal characteristic of the right of avoiding from working function in the result of not being paid of wages of employees which is edited specially in accordance with Labor Code 4857, conditions of the usage of this right, the legal results of not using the right of avoiding from working function are going to be focused on privately.

Author

Dilek Dulay

How to Cite

Dilek Dulay (Master Thesis). Sanction against not being paid of the employer wages, 2011, Dokuz Eylül University.

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