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Transfer of employment contract

Title	Transfer of employment contract
Author	Yanık, Aybüke
Publication Date:	2019-08
Type	Document
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Record ID	0beae593-e637-4a1d-b723-573ad114ba96
Library Location	Department of Private Law
Date	2019-08
Sample Text	With the employment contract, one party (the worker) undertakes to work as a dependent and the other party (the employer) undertakes to pay wages. In the transfer of the employment contract, there is a tripartite relationship between the employee, the employer who transfers the employment contract, and the transferee employer. With the transfer agreement, the transferring employer agrees to transfer the employment contract, and the transferring employer agrees to take over the employment contract. The employee accepts the transfer of the employment contract from his current employer, the transferring employer, to the transferring employer. As a result of the transfer of the employment contract, all rights and obligations arising from this contract, as well as being a party to the employment contract, are transferred to another employer (third party transferee). With the transfer of the employment contract, innovative rights such as termination and cancellation, as well as all defense and objection rights, pass to the transferring employer. The concept of transfer of employment contract was first discussed in the doctrine and subject to judicial decisions in terms of Turkish Labor Law, and later took its place in the legislation. Before the transfer of the employment contract was regulated in the law, it was deemed possible to transfer the contract with the will of the parties in accordance with the principle of freedom of contract, which is one of the basic principles of the Law of Obligations, and the contracts established in this direction were accepted as valid. Although the concept was included in the Draft Labor Law No. 4857, it was not enacted during the adoption process of the Law, and later gained legal basis with the Code of Obligations No. 6098, which came into force on July 1, 2012. The purpose of this study, which we prepared as a master's thesis, is to examine and evaluate the concept of transfer of employment contract and its legal consequences., Employment relationship is a working relationship founded with a labor (employment) contract. In a labor contract, a party (employee) undertakes to work as the dependent, while the other party (employer) undertakes to pay a fee. With the agreement of the transfer of the labor contract the transferring employer agrees to transfer the employment contract, the third person (transferee employer) agrees to take over the employment contract and the employee agrees to be transferred from the transferring employer to the transferee employer. As a result of the transfer of the labor contract, all rights and obligations arising from this contract are transferred to another employer. The concept of the transfer of the labor contract had been discussed in the doctrine and judicial decisions in terms of Turkish Labor Law and then has taken its place in the legislation. Even in the absence of legal regulations on the transfer of the labor contract, the transfer of the contract was considered possible due to the principle of freedom of contract which is one of the main principles in law of obligations and the contracts regarding transfer of the labor contract were accepted as valid. Although the concept was included in the Draft of Labor Code, it did not become a law in the process of adoption of the law, and the legal basis was obtained with Article 429 of the Code Of Obligations No. 6098, which entered in force on 01 July 2012. The purpose of this master thesis is the examination and evaluation of the transfer of the contract and its legal consequences.

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Özyeğin University

Transfer of employment contract

Author Yanık, Aybüke

Publication Date 2019-08

Type Document

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Record ID 0beae593-e637-4a1d-b723-573ad114ba96

Library Location Department of Private Law

Date 2019-08

Sample Text With the employment contract, one party (the worker) undertakes to work as a dependent and the other party (the employer) undertakes to pay wages. In the transfer of the employment contract, there is a tripartite relationship between the employee, the employer who transfers the employment contract, and the transferee employer. With the transfer agreement, the transferring employer agrees to transfer the employment contract, and the transferring employer agrees to take over the employment contract. The employee accepts the transfer of the employment contract from his current employer, the transferring employer, to the transferring employer. As a result of the transfer of the employment contract, all rights and obligations arising from this contract, as well as being a party to the employment contract, are transferred to another employer (third party transferee). With the transfer of the employment contract, innovative rights such as termination and cancellation, as well as all defense and objection rights, pass to the transferring employer. The concept of transfer of employment contract was first discussed in the doctrine and subject to judicial decisions in terms of Turkish Labor Law, and later took its place in the legislation. Before the transfer of the employment contract was regulated in the law, it was deemed possible to transfer the contract with the will of the parties in accordance with the principle of freedom of contract, which is one of the basic principles of the Law of Obligations, and the contracts established in this direction were accepted as valid. Although the concept was included in the Draft Labor Law No. 4857, it was not enacted during the adoption process of the Law, and later gained legal basis with the Code of Obligations No. 6098, which came into force on July 1, 2012. The purpose of this study, which we prepared as a master's thesis, is to examine and evaluate the concept of transfer of employment contract and its legal consequences., Employment relationship is a working relationship founded with a labor (employment) contract. In a labor contract, a party (employee) undertakes to work as the dependent, while the other party (employer) undertakes to pay a fee. With the agreement of the transfer of the labor contract the transferring employer agrees to transfer the employment contract, the third person (transferee employer) agrees to take over the employment contract and the employee agrees to be transferred from the transferring employer to the transferee employer. As a result of the transfer of the labor contract, all rights and obligations arising from this contract are transferred to another employer. The concept of the transfer of the labor contract had been discussed in the doctrine and judicial decisions in terms of Turkish Labor Law and then has taken its place in the legislation. Even in the absence of legal regulations on the transfer of the labor contract, the transfer of the contract was considered possible due to the principle of freedom of contract which is one of the main principles in law of obligations and the contracts regarding transfer of the labor contract were accepted as valid. Although the concept was included in the Draft of Labor Code, it did not become a law in the process of adoption of the law, and the legal basis was obtained with Article 429 of the Code Of Obligations No. 6098, which entered in force on 01 July 2012. The purpose of this master thesis is the examination and evaluation of the transfer of the contract and its legal consequences.