Collective Dismissal in Turkish Labor Law
Collective Dismissal in Turkish Labor Law

Author(s): Nezihe Binnur Tulukçu
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: job reassurance; dismissal; labor law; technology requirements;
Summary/Abstract: The system for the protection of workers against termination is called as job reassurance in practice and teaching in general. Indeed, in the legal systems of countries that adopt this assurance, it has become necessary to establish a balance between freedom of contract, employer’s freedom of enterprise, and the protection of the authority of the employer and the removal of workers from the job. Job reassurance should not mean that the worker can not be removed of workers from the work. In business law, the protection of the work is as important as the protection of the worker. It may be necessary for the operator to start to apply economic and financial difficulties, to apply modern technology requirements in the workplace, to go a more efficient and rational working organization, or to inefficiency and behavior of employees. If the conditions of employment security are met, the employer must terminate the indefinite-term employment contractof the employer and must rely on a valid cause arising from the employee’s inadequacy or behavior or from the necessity of the employer, the workplace or the job. The employer's dismissal because of economic, technological, structural, and so forth business,workplace or as a result of the job requirements in the workplace is collective dismissal. It is important that workers be protected against termination. However, the emergence of an economic reason for the business community, resulting in the layoff of employees will create, in this case, the workers should be provided job security. The arrangement of business that are related to collective labor law and the ILO Convention No. 158 of 13 and 14. provides that articles shall be determined in accordance with the principles of. In our study, the concept of mass dismissal in terms of Turkish Law, in relation to a method of laid-off require to be able to work their back, and these Regulations non-compliance with the Civil and criminal consequences were investigated.

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