Master'sOpen Access

The effect of transferring of workplace on acquired rights

2010
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Advisor: Prof. Dr. Adnan Tuğ

Abstract (EN)

One of the main aims of Labor Law is to protect of employees and provide continuity of working agreements. One of the practices endangering the continuity of employees? working agreement is the change of employer after transferring of workplace legally.Legal arrangement related to transferring of workplace took place for the first time in sixth article of the law No.4857 in Labor Law. Before the law No.4857 in Labor Law, limited arrangements related to employees? dismissal pay (article 14/2), annual leave with pay (article 53) existed in the law No.1475. In this period Supreme Court of Appeals and doctrine brought forward that solution according to the article of 179 of Code of Obligations was necessary. On the international stage, transferring of workplace has been arranged in the rule No.2001/23 by combining the rules No.77/187 and No.98/150.In the sixth article of law No.4857 in Labor Law some arrangements protecting the employees? rights and providing the continuity after any transferring of workplace have been done.The thesis entitled ?The Effect of Transferring of Workplace on Acquired Rights? was studied in three main parts. In the first part, the concepts of employer, workplace, business and reasons leading to change in employer such as reasons because of civil law and public law and business corporation combinations and changes in class are investigated in related headings.In the second part, the comparison of the concept and conditions of transferring of workplace and of one part of workplace with other third-party relations such as subcontract work, secondment of transferring of workplace and taking-over of working agreement received consideration.In the last part, the effect of transferring of workplace on acquired rights in terms of Individual and Collective Business Law, Social Insurance Law and other Business Law including Press Law and Maritime Law was investigated.

Author

Gülsüm Sönmez

Institution

How to Cite

Gülsüm Sönmez (Master Thesis). The effect of transferring of workplace on acquired rights, 2010, Gazi University.

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