DoctorateOpen Access

The compensations in the framework of job security in Turkish Labor Law

2012
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Advisor: Prof. Dr. A. Nizamettin Aktay

Abstract (EN)

The concept of job security in the narrow sense refers to the protection of workers against abolition. Job security agency regulated in detail within the framework of the Labor Law No. 4857, 18-21 adopted on 22.05.2003..This study presents business assurance regulations aimed at protecting workers against the abolition of employment contracts.Though these regulations do not provide complete protection against abolition in the direction of ensuring the continuity of the employment contract , they are significant in terms of assuring the continuity of the contract as much as possible. Worker who objected to the repeal of void abolition of labor contract and return to court proceedings by claiming the invalidity of abolition at the end of the case may be entitled to an old job rotation. If the employer does not initiate the worker to work, he is obliged to pay from 4 months to 8 months worth of business assurance compensation and job security, compensation amounting to a maximum of 4 months' wages for the idle time.Also in our study, all the compensations in the realm of business law have been examined . The compensations resulting from Business Law, or Law of Obligations can play a discouraging role when the employer considers to abolish the worker?s contract. Each compensation is unique to have a discouraging effect.It is possible to provide more effective protection against the abolition of employment contracts if the compensations exist together. Compensations have both a discouraging effect on the employer's decision to abolish the contract and a restorative effect upon damage made by the worker after the abolition of the contract.Key Words1. Job security2. İllegal Abolition3. Returning to work4. Job security Compensation5. Idle Time Compensation

Author

Sami Narter

How to Cite

Sami Narter (Doctorate thesis). The compensations in the framework of job security in Turkish Labor Law, 2012, Gazi University.

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