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The concept of employer representative in Turkish Labor Law and the responsibility of the employer's representative

2021
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Advisor: Prof. Dr. Gülsevil Alpagut

Abstract (EN)

Nowadays, the rapid rise of technology has brought about the unpredictable growth of enterprises and workplaces; and administrative difficulties have led employers to employ expert workers to help them. Specialized employees which called "employer's representative", in the dicipline of Turkish Labor Law, take on task of directing and managing enterprises and workplaces on behalf of the employer. Legal relationship between employer's representative, who also holds the title of employee, and the employer generally based on a labour contract. Furthermore, the fact that they are not direct performers of the work, but manages it with orders and directives, sets them apart from other employees. In the study of this masters' thesis entitled "Türk İş Hukuku'nda İşveren Vekili Kavramı ve İşveren Vekilinin Sorumluluğu", liabilities of employer's representative institution and employer's representatives, which have a highly important role in the implementation of Turkish Labor Law, have been examined. Initially, notion of employer's representative has been assessed together with the elements in the Section 2 of the Labor Act No.4857, Article 4; then, different definitions of employer's representative and responsibilities of employer's respresentatives in other legal regulations in Labor Law legislation are briefly explained. With the 18th Article of the Labor Act, a restriction has been imposed on employer's representatives which will benefit from job security. The job security system, which is one of the very important issues of the Labor Law, aims to protect employees against termination; therefore, in the second section of this study conditions of employer's representatives working with a labour contract to benefit from job security were explained in details. In conclusion, on the basis of the Article 2, Paragraphs 1 And 4 of the Labor Act, civil and criminal aspects of responsibilities of employer's representative are discussed; then administrative obligations stipulated in the Labor Law and other legal regulations related to employer's representatives and the sanctions to be applied if they are not abode by were mentioned.

Author

Dr. Çiğdem Yılmaz

How to Cite

Çiğdem Yılmaz (Master Thesis). The concept of employer representative in Turkish Labor Law and the responsibility of the employer's representative, 2021, İstanbul University.

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