The right of avoiding working in case of not paying the labour wages

The salary is the response of workers'working time. The worker goes on living by this salary. İn work life, workers'salaries generally aren't paid orderly by the employers. The new Labor Law includes that the workers aren't forced to work if their salaries aren't paid. Workers have an avoidance justice from work. In this condition, the workers are powered more than the old situation against employers. This is a sanction for employers. The statutory wage which has not been paid to the employee, has given the right to terminate the employment contract for a good reason. The subject of our work is the right to refrain from working without terminating the employment contract, which is given to the worker who cannot get his wages on time, as stated in article 34 of the labor law. This right shall be practiced in accordance with the rules of honesty and goodwill and at the same time shall be based on the worker's own will and not on a collective decision. What separates this right from the strike is that the right is not practiced according to individual preference. In our study, the right of the unpaid worker to refrain from working was interpreted in detail with the views of both the labor law and the law of obtigations, the Supreme Court and the doctrine. The concept of remuneration has been evaluated within the framework of the legal nature, conditions and consequences of the right to avoid employment,and it has been tried to be explained in detail. Keywords: Workers'avoidance justice, Salary, Working time Employer, Applications of Supreme Court.