4857 SAYILI İŞ KANUNU ÇERÇEVESİNDE İŞ SÖZLEŞMESİNİN FESHİNDE İŞÇİNİN SAVUNMASININ ALINMASI

Abstract

One of the main aims of labour law is to take measures to ensure the continuity of the working relationship between the worker and the employer. Prior to the termination of the employment contract, granting the right of defense would allow the worker to learn about the allegations against him/her. The nature of the defense to be made by the worker who learns the claims that may be the cause of termination against him is extremely important in terms of the business relationship to which he is a party. The employee may change the employer's will to terminate with an objective assessment through his/her defence. In other words, the employer may give up his intention to terminate the employment contract according to the defence of employee, or may terminate the contract between them by not giving credit to the defence made. The right of defense, which is legally required to be recognized by the employer in respect of the reasons for termination due to worker behavior and efficiency, in labor relations under the scope of labor security, must be exercised in writing in respect of the law of proof and before the notification of termination in future disputes. In our study, the right of defense, which is the condition of validity of the termination procedure, which is regulated in article 19 of the Labor Law and which is likely to be carried out by the employer in terms of reasons for termination due to the personality of the worker, has been evaluated within the framework of legislation, doctrine opinions and Supreme Court decisions.

Keywords

• labour-job protection
• termination
• the right of defense
• worker behavier
• worker productivity