SÖZLEŞME GÖRÜŞMELERİ SÜRECİNDE İŞVERENİN KORUMA YÜKÜMLÜLÜKLERİ ÜZERİNE BİR DEĞERLENDİRME
AN ASSESSMENT OF THE EMPLOYER’S PROTECTION OBLIGATIONS DURING THE CONTRACT NEGOTIATIONS PROCESS

Summary/Abstract: One of the basic principles of labor law is the employer’s obligation to protect the worker. The employer is obliged to protect the workers who are involved in the contractual relationship. However, until the establishment of the employment contract, there is a process in which the contract negotiations are held. In this context, the question of whether or not the employer has a protection obligation in this period is brought to the agenda if the candidate of the worker is subject to a loss of right at this stage of contract negotiations. In this direction, article 2 of Turkish Civil Code and article 417 of Turkish Code Obligations have introduced important regulations for the protection obligations of the employer during the contract negotiations process. In addition the question of whether the protective arrangements brought by the Labor Law can be applied during the contract negotiations in case of violation of right rights in addition to this provisions for the protection of the worker.

• Details
• Contents