Validitiy and control of the penal clause at the service contract in the light of supreme court decisions

Employer, in order to keeps pace with evolving technology, subject worker to training and after this training can identify penal clause, for to connect worker to the workplace. He goes to various expense because of worker is subject to training. Worker becomes more skilled with the training and get chance higher wage employment opportunities with the regains. Employer has justified interests to keep qualified worker connected workplace for some time because of its costs. The money for education expenses of the provisions of penal clause should be subject to content control for mutual balancing economic interests of workers and professional benefits of the employer. In this case, even if unilateral punitive conditions are based on a specific reason will prevail. Concerning penal clause control; interests of the employer, the worker's occupational benefits, the quality of education and length of and whether this length is proportional with training should be investigated. Besides these penal clause to become due, job contrat has to be finished by workers unreasonably or by employer because of a case can be installed in the worker's fault.As a rule penal clause is independent from loss. However, employer has to prove the amount of loss, in case of training expense money be agreed in terms of penal clause provisions . The periods of the work that worker should be up and running proportion; in this way the amount of the worker?s responsibility is determined. İn case of the amount of the expense which has proved by the employer is exorbitant; judge decreases the amount of the penal clause per se according to the provisions of the article 161/3 of the Obligation Law.