DoctorateOpen Access

The right to rest of the employee

2013
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Advisor: Prof. Dr. Ayşe Melda Sur

Abstract (EN)

The concept of resting has been researched by scholars of many disciplines. The necessity of this concept and its place in human life also attracted human sciences. The right to rest in legal significance is a right needed by employees in order to remove fatigue due to working life and maintain their health. Giving employees the right to rest is also beneficial to their employers, as rested employees will be refreshed and regain their strength for work which will increase productivity in the work place.The right to rest can be approached from many perspectives in the doctrine of rights. The multi dimensional composition of this right demonstrates its importance and characteristics. The right to rest in working life has come to exist today, overcoming important phases throughout history. Meanwhile it has been also affected by the process that labour law has been through. The process of the right to rest throughout both Turkish and world history has been analysed in detail.Editing the right to rest in the 1982 Constitution act has many legal consequences. These results have been approached in terms of the principles of constitutional law. While the right to rest holds an important place in sources of Turkish labour law, it also applies to sources of International law. After investigating these features, the importance accorded to the right to rest by the ILO and EU will be presented in detail.After the first chapter's discussion of the right to rest as a right, the second chapter discusses the forms of legislation dealing with this right. These forms include the right of rest breaks, weekly holidays and annual paid leave. The features of these forms, conditions and principles comprising the right to rest are investigated. In the third and final chapter; forms of work which are important in terms of right to rest , types of labour contracts and labour categories are discussed from the perspective of the right to rest.Keywords: Right to Rest, Rest Time, Rest Breaks, Weekly Rest, Annual Paid Leave.

Author

Dr. Merda Elvan Tunca

How to Cite

Merda Elvan Tunca (Doctorate thesis). The right to rest of the employee, 2013, Dokuz Eylül University.

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