The Obligation of employer to employ of handicapped, ex-offender and injured of terror activities

Freedom of contract is a main principle that takes main basis from constitution article no. 48 in Turkish Law system. This principle is used in Labor Law as in Obligation Law. But, some restrictions settled in Labor Law as in Obligation Law for freedom of contract. The purpose of settled restrictions is social, and protect the employees whom vulnerable poor economically, against to employer. So, it has.been effort to balance of social equity employee and employer who have opposite benefits. There are some cases which contraction is mandatory beside restriction of freedom of contract in Labor Law. These obligations originate from law or contracts. It is in the subject that liability of employ some percentage of disabled, ex- offender or injured of terror activities as the obligated contract which originate from law. This obligation comes out of article 30 of 4857 Labor Act and its amendment article 1 part B of Struggle Against Terror Activities Act, numbered 3713, which is parallel with the principle of social state in the constitution. The Labor Act, numbered 4857 imposes that disabled, ex-offender and injured of terror activities employment is mandatory that is six percentage of total employee in those companies that is containing of Labor Law. The contingent of total six percentages has been shared between public and private companies. These percentages are designated as 4 % for disabled, 2 % for cx-offendcrs in public companies; and 3 % for disabled, 1 % ex-offenders, and 1 % injured of terror activities in private companies. The other designated 1 % for private companies can be preferred by Private companies to employ for disabled or ex- offender employee.