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Labour Law

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EMPLOYEES THAT NOT SUBJECT TO LABOR LAW AND THEIR RIGHTS 16 December 2020
Under Turkish law, certain works and employment relationship are excluded from the scope of the Labor Law (“LL”). Works that are not included in the scope of the LL are determined in article 4 of the LL. According to this; employees in sea and air transportation, employees who work in agricultural and forestry workplaces or enterprises employing fifty or less than fifty workers, employees working in all kinds of agricultural construction works within the boundaries of the family economy, employees who work at home and in handicraft businesses among members of a family and their relatives up to the third degree (including third degree) with no outside participation, household employee, apprentices, athletes, rehabilitated employees and employees working in workplaces where three people work...
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SCOPE OF THE EMPLOYEES' DUTY OF CONFIDENTIALITY 15 December 2020
DUTY OF LOYALTY To better understand the scope of the obligation of confidentiality (secrecy) of the employee, which demonstrates itself as a sub-obligation of the duty of loyalty, it is necessary to address the duty of loyalty first. However, all statements made for the duty of loyalty will also apply to the obligation of confidentiality.
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THE PRINCIPLE OF “ULTIMA RATIO” IN TERMINATION OF EMPLOYMENT CONTRACT 14 December 2020
With the Labor Law numbered 4857, the concept of "valid reason" has been introduced to the Labor Law in addition to the "just cause" concept as a reason for the termination of the employment contract. With the aforementioned provisions, the law restricts the employer's right to terminate "until there is a valid reason" in cases where there are no justified reasons listed in Article 25 of the Labor Law. However, the valid reason is not defined but only stated that the valid reasons can arise from the competence or behavior of the employee or the requirements of the enterprise, workplace or job. Cases that do not constitute a valid reason are also listed. Besides, the concept was explained in the justification of the Labor Law numbered 4773 and 4857 as "Although the valid reasons are not as ...
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THE CONCEPT OF PENAL CLAUSE IN LABOR CONTRACTS 21 August 2020
THE CONSEPT OF THE PENAL CLAUSE Penal clause is a concept regulated in article 179 of the Turkish Code of Obligations. Accordingly, the penal clause; it is a penalty demanded from the debtor if the debts arising from the contract are not fulfilled properly or at all.
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Is the Penal Clause Applicable Regarding the Termination of the Employment Contracts Which Are Deemed to Be Indefinite Termed for Not Fulfilling the Objective Conditions? 17 March 2020
According to Article 11/1 of the Labor Law No. 4857 (“Labor Law”), the contract is deemed to have an indefinite period, if the employment relationship is not established for a fixed term. Whether an employment contract is indefinite termed or not, has importance in case of an indemnity due to termination, benefiting from job security provisions and initiation of a reemployment lawsuit. Article 19 of the Labor Law explicitly mentions termination of an indefinite term employment contract among the conditions for benefiting job security and therefore; it is clear that the employee who is working under a fixed term employment contract, cannot benefit from the provisions of the job security and correspondingly, the right to file a reemployment lawsuit. Likewise, fixed term contract can be used ...
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Annual Paid Leave and Its Conversion Into Pecuniary Claim 28 January 2020
An annual paid leave is a right to rest of workers for the protection of their physical and psychological health in exchange for their labor during the year. The right to annual leave cannot be waived and the employer cannot deprive the employee of this right.
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Workplace Practices in Turkish Laws 11 December 2019
Work place practice can be defined as an unwritten agreement which has become a contractual provision upon implied or explicit acceptance of a unilateral labor interest granted by employer continuously and under same terms, without any contractual or legal obligation. Monetary supports and payments in kind such as bonuses, premiums, food, fuel and road supports can be considered as work place practice, unless already provided under the employment contract or the internal regulation of the work place.
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Substantial Variations in the Working Conditions Which Have Negative Impacts on the Employee 28 November 2019
According to the 22nd article and 1st paragraph of Labour Law numbered 4857 (“Law”), “Any change by the employer in working conditions based on the employment contract, on the rules of work which are annexed to the contract, and on similar sources or workplace practices, may be made only after a written notice is served by him to the employee. Changes that are not in conformity with this procedure and not accepted by the employee in written form within six working days shall not bind the employee. If the employee does not accept the offer for change within this period, the employer may terminate the employment contract by respecting the term of notice, provided that he indicates in written form that the proposed change is based on a valid reason or there is another valid reason for termina...
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What Are the Requirements to Benefit from Employer’s Share Incentive of Unemployment Insurance Premium? 26 February 2019
As remembered, a number of amendments were made on Law on Unemployment Insurance no. 4447 (“Law”) with Article 25 of the Law on the amendments on Labor Health and Safety and other Laws and Statuary decrees in 04.04.2015. Within this scope, Communique on the Procedures and Principles Regarding The Benefit From Employer’s Share Incentive of Unemployment Insurance Premium In the Workplace Which is Classified as Very Dangerous and Have More than 10 Employees (“Communique”) was published in Official Gazette no. 36042 in December 31 2018 .
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Scope of the Working Hours of Employee and Overtime Payment 22 March 2018
Working hours have been defined as “the time which employee spends at the work where he has been employed” in the Article 3 of the “Regulation on the Working Hours regarding the Labor Law” which has been published in the Official Gazette dated 06.04.2004. In addition to this period which is named as actual work period, some situations are also considered as working time, which are accepted either by Law or by Supreme Court.
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