Workplace transfer terms and consequences

The number of workplace turnovers has increased in the face of the change in economic conditions in business life and the crises experienced accordingly. Since the Labor Law No. 4857 In order to eliminate the violations of rights and the gap in the legislation arising as a result of workplace transfers, the issue of workplace transfer was included in the Labor Law No. 1475 for the first time in detail. Our legislation is based on the European Union's Directive 2001/23 in the workplace transfer institution. In addition to this, Article 428 of the Turkish Code of Obligations No. 6098 titled "Transfer of all or part of the workplace". With the article, the issue of workplace transfer has been evaluated in terms of the Law of Obligations. In this study, first of all, explanations of some definitions are given in order to understand the issue of workplace transfer, and both national and international regulations regarding workplace transfer are mentioned; In particular, within the scope of Labor Law, the legal structure, validity conditions and forms of transfer of workplace transfer are emphasized. In addition, the effects of the workplace transfer on the employment contract as well as the responsibilities of the parties as the results of the workplace transfer, its effect on the labor receivables, the right of termination of the parties and the situations in which the workplace transfer is collusive are discussed in detail. In addition to all these, in our study, which was prepared in a systematic way, its relations and comparisons with legal concepts similar to workplace transfer were made. Keywords: Workplace Transfer, Consequences of Workplace Transfer