THE CONCEPTS OF FORCE MAJEURE-COMPULSORY REASON Abstract: In Turkish Labor Law, the concepts of “force majure” and “compulsory reason” are sometimes used interchangeably but do not have the same meaning with each other. As a matter of fact, compulsory reasons is a higher concept that includes force majeure and unexpected situations and some events or […]
THE CONCEPT OF REMOTE WORKING AND ITS IMPLEMENTATION Abstract: “Remote Working”, which was first entered into our law with the amendment made in the 4th paragraph of Article 14 of the Labor Law on 06.05.2016; is an employment relationship agreed in writing based on the principle that the employee performs his/her work at home […]
ABSTRACT: Penalty is the obligation of the creditor to perform the obligation to the debtor in the event that a obligation qualified as the primary obligation is not performed at all or as required. In terms of regulating the penalty in the contracts, reserving terms of conditions and the cases of disability of the will, […]
DOES OVERTIME WORK OVER 270 HOURS A YEAR GIVE THE EMPLOYEE RIGHT TO TERMINATE FOR JUST CAUSE? According to Article 41 of Labor Law No. 4857, overtime work may be performed for purposes such as the country’s interest, the nature of the operation or the need to increase output. In accordance with the Labor Law […]
CAN THE LABOR CONTRACT OF A SMOKING WORKER BE TERMINATED FOR JUST CAUSE? In which conditions the employee can be fired without severance and notice pay is implied in the article 25/II of the Labor Law No. 4857. In the aforementioned subparagraph of the article, “For immoral, dishonourable or malicious conduct or other similar behaviour”, […]
ABSTRACT: The right to refrain from fulfilling obligations has been regulated in the Turkish Labour Law, Article 34 as “The employee whose wage has not been paid within twenty days of the day it was due, except for force majeure, may refrain from fulfilling his obligation to work. Even if refraining from work by employees […]
THE IMMEDIATE TERMINATION WITH A VALID REASON OF THE EMPLOYMENT CONTRACT BY THE EMPLOYER DUE TO THE ARREST OR DETENTION OF THE EMPLOYEE
ABSTRACT: Employees who are detained or arrested are unable to perform their job duties and the extension of this process can put Employers in a difficult position. However, the Employer does not have a right to dismiss the Employee immediately if the Employee is detained or arrested. In case of detention exceeding the notice period […]
WHAT IS AN EMPLOYMENT CONTRACT FOR A DEFINITE PERIOD? IN WHICH CASES IT IS USED, WHAT ARE THE FORMAL REQUIREMENTS AND LIMITS?
ABSTRACT: Increased mechanization, new production systems and the labor requirement with the development of technology may bring up different types of work relationships between employees and employers. One of the most important type is the employment contracts for a definite period between employees and employers. Accordingly, employment contracts for a definite period can be made […]
A REVIEW OF THE EUROPEAN COURT OF HUMAN RIGHTS CASE OF LÓPEZ RIBALDA AND OTHERS v. SPAIN (Application No: 1874/13 and 8567/13)
Abstract Employers measures to employees and workplace increases day by day in direct proportion to development of technology. Considering the restrictions imposed to employees by these measures, it is quite possible for employers to wander from the legal ground. Hidden cameras may be one of the best examples in this context. In a case involving […]
WORKING CONDITIONS OF MOTHERS WHO ARE PREGNANT OR NURSING AND WORKING CONDITIONS OF PARENT WHO HAS ADOPTED A CHILD
Some regulations have been envisaged to facilitate the working life of women Employees and Employees who adopt a child, and these Employees have been granted the right to leave by law.