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Annulment of the employment contract due to the breach of the duty of loyalty by the employee

2010
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Advisor: Prof. Dr. A. Nizamettin Aktay

Abstract (EN)

This master thesis named as annulment of employment contract due to the breach of the duty of loyalty by the employee consists of two main sections.In the first section, firstly, the definition, legal nature, parties, duration and legal basis of the duty of loyalty are examined. Afterwards, the circumstances stipulated in article 25 of the Labor Law as contrary to moral and good faith rules are explained as duties of fulfillment and non- fulfillment under the concept of the duty of loyalty. Acts constituting the breach of the duty of loyalty are identified by samples found in the jurisprudence of the Court of Cassation.In the second section studies the conditions, form, content, duration and burden of proof regarding the annulment of employment contract with fair cause and terms and procedure of the annulment of the employment contract with valid reason. This section also analyzes the differences between fair cause and valid reason with regard to breach of duty of loyalty and legal and criminal results of the annulment of employment contract with fair cause.

Author

Dr. Mesut Sarıkaya

Institution

How to Cite

Mesut Sarıkaya (Master Thesis). Annulment of the employment contract due to the breach of the duty of loyalty by the employee, 2010, Gazi University.

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