Termination of employment contracts through dismissal under Turkish labour law and the distinctions between them
2025
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Advisor: Dr. Öğr. Üyesi Mehmet Bağcı
Abstract (EN)
The primary objective of this study is to examine the legal characteristics of different types of termination that result in the conclusion of employment contracts under Turkish labor law. It aims to identify the structural and functional differences between these types, clarify uncertainties encountered in practice, and analyze how principles that safeguard the trust relationship between the parties influence the evaluation of termination. The study particularly focuses on the legal grounds and conditions under which an employment contract may be terminated by either the employer or the employee. The conditions and legal consequences of termination types are assessed in light of decisions of the Turkish Court of Cassation and scholarly opinions. The distinctions between just cause and valid cause termination are illustrated through concrete cases, and key legal principles and criteria—such as the principle of good faith, the criterion of unforeseeability, and mutual trust—are examined in detail. Additionally, the thesis explains critical procedural elements and legal consequences of termination, such as warnings, the right to be heard, procedural requirements, and the implications for notice and severance pay. The rights and obligations of both employees and employers are clearly outlined. Furthermore, the study evaluates the impact of legislative changes and high court precedents on practical application and proposes solutions to current issues within the framework of the employment security principle.
Author
Dr. Özgün Güngör Öztürk
Institution
How to Cite
Özgün Güngör Öztürk (Master Thesis). Termination of employment contracts through dismissal under Turkish labour law and the distinctions between them, 2025, İstanbul Beykent University.
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