Yüksek LisansAçık Erişim

The Legal results of non-payment wages by the employer

2006
0 görüntülenme
0 i̇ndirme
Danışman: Prof. Dr. Melda Sur

Özet (EN)

ABSTRACTMaster Degree With ThesisThe Legal Results Of Non-Payment Wages By The EmployerSenem DEĞERDokuz Eylul UniversityInstitute Of Social SciencesDepartment of Private LawThe obligation of the employer to pay the wage is the main obligation of himarising out of the labor contract in consideration for the obligation of the employee towork. The wage is among the principal features of the labor contract. As usually thewage is the sole source of living of the employee, it shall be protected both againstthe employer and third persons. Therefore, the Labor Code numbered 4857 providesfor mandatory provisions relating to the employee?s right to wage.The employer is obliged to perform his obligation to pay the wage at its duetime. The due time to pay the wage shall be determined by the labor contract or thecollective labor agreement within the limits of the law. In this study, first basicinformation concerning the wage has been given and the obligation of the employerto pay the wage has been explained.The law provides for certain consequences for the case that the employer doesnot pay the wage at its due time. Among these consequences, the right of theemployee to terminate the labor contract for a justified reason, the operation of thisright and its results, the right of the employee to initiate a suit for performance and torequest performance, the interest rate and the final amount of the interest due to thedefault consist the other part of our study.In this study, we also emphasized the legal character of the right to refrain fromwork because of non-payment of the wage specially stipulated by the Labor Code,the conditions of operation of this right and the legal consequences of usage of thisright.Although the Labor Code prescribes the right to refrain from work, some issuesare still not clearly provided by the Code. Thus, we tried to especially explain theseissues taking into consideration opinions in the doctrine and the case law.1) Wage, 2)Employer, 3) Employee, 4) Non-Payment Wage, 5) DueKey World:Time

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Dr. Senem Değer

Bu Yayına Nasıl Atıf Yapılır

Senem Değer (Master Thesis). The Legal results of non-payment wages by the employer, 2006, Dokuz Eylül University.

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