Master'sOpen Access

Termination of employment contract for just cause and its results due to employee's risking the occupational security willfully or through gross negligence

2021
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Advisor: Prof. Dr. Faruk Andaç

Abstract (EN)

The notion of occupational security, of which importance is growing in the course of time, is a notion that provides taking necessary measures to eliminate occupational hazards; and also, in case of any damage, gives the possibility of filing a compensation claim against to the faulty party. The notion of occupational security, which, at first, promoted to provide safety for women and children after the industrial revolution; is now aiming to provide effective safety for all workers with the increasing technology and work force. In our study, the cases in which employers can use the right of termination of employment contract for just cause against employees are analyzed in a multifaceted way. (Various dimensions) Comprising of three main chapters, in our study's first chapter entitled as "The Notion of Employment Contract and Occupational Security", the notion of employment contract is defined and elements of its constitution are analyzed. Afterwards, the evolution of occupational security and its roots of domestic and international legislation from past to present is analyzed. In the second chapter of our study, mutual responsibilities of employees and employers in terms of occupational safety and occupational health safety are analyzed and laws and regulations are mentioned in parallel to the analyses. In the third chapter of our study, based on the notion of contract of employment and the responsibilities of occupational security and occupational health security, which are inquired in the previous chapters, the case of "Termination of employment contract for just cause and its results due to Employee's risking the occupational security willfully or through gross negligence it is analyzed and the topics are materialized (embodied) with the decisions of the Court of Cassation.

Author

Dr. Berkay Karasu

How to Cite

Berkay Karasu (Master Thesis). Termination of employment contract for just cause and its results due to employee's risking the occupational security willfully or through gross negligence, 2021, Çağ University.

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