01August2019

NEW DECISION ON COMBINING CASE LAW REGARDING LABOR CONTRACT

NEW DECISION ON COMBINING CASE LAW REGARDING LABOR CONTRACT

Decision (“Decision”) of the Combining Case Law General Assembly of the Supreme Court dated 08/03/2019, numbered E: 2017/10, K: 2019/1, has been published on the 18.07.2019 dated Official Gazette.

The General Assembly of the Supreme Court Presidency has declared its opinion on the penal clause, which is dependent on the unfair termination of the labor contracts agreed by the parties to be a definite term labor contract but considered as indefinite due to lack of objective conditions, will be considered as valid to be limited with the determined duration in the contract.

Accordingly, The General Assembly of the Supreme Court Presidency emphasized liberty of contract as a result of freedom of will, by referring to the Turkish Code of Obligations’ article 27; “In an agreement, invalidity of certain clauses does affect the validity of others”, and decided that the provision of ‘penal clause regarding unfair termination before the end of the contract term’ is valid by being limited with the determined duration in the contract.

Written by Şeyma Nur Kaplan, Posted in Code of Obligations, Labour Law

  • Notification !

    Contents provided on this article serve to informative purpose only. The article is confidential and property of CottGroup® and all of its affiliated legal entities. Quoting any of the contents of this notification without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance is put in the preparation of this article, CottGroup® and member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject. Prior to taking any action in regards the above, please consult your client representative if you are a customer of CottGroup® or consult to a relevant party.

About the Author

Şeyma Nur Kaplan

Legal Consultant Attorney
This website is using cookies.
In this website, we use cookies to develop your user experience, obtain efficient work and track statistical data. You are agreeing to our use of cookies by browsing our website. Please review Çerezler (Cookies) page for detailed information of how we manage the cookies. This choice is valid for 30 days until you delete the cookies in your web browser.
x