Responsibility of the new employer
2019
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Advisor: Prof. Dr. Gülsevil Alpagut
Abstract (EN)
The responsibility of the new employer is regulated by Article 23 of Labor Law No. 4857. According to this arrangement, the new employer will be responsible for the former employer under certain conditions and circumstances, hiring the worker who terminates the employment contract unfairly or improperly. At this point, however, there are certain conditions that are sought in terms of both workers and new employers. First of all, the employee must terminate the existing employment contract unfairly or improperly. This situation is enough for the employee to be responsible for the contract separately from the legal arrangement. The liabilities of the new employer will arise, if the employee has caused or terminated this termination, or if he continues to employ the worker even though he later learns. In Article 23 of Law No. 4857, unlike previous legal regulations, because of the concept of damage is not included, it is no longer a requirement for the former employer to incur damages in order to be responsible. The responsibility of the new employer is a non-criminal legal liabilities. By this arrangement, the legislator states that in the face of unjustified or improper termination of the former employer, the employee may be responsible for the normal circumstances of the worker in certain circumstances, including the addition of the new employer also states that they will be responsible. Here is a statement of responsibility together should be understood from the joint liabilities. The co-responsibility of the new employer who is not a party to the contract between the employer and the former employer will only arise if and under the responsibility of the worker, depending on the unfair or improper termination.
Author
Dr. Muhammed Noğay
Institution
How to Cite
Muhammed Noğay (Master Thesis). Responsibility of the new employer, 2019, İstanbul University.
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