Turkish employment law
First of all, it should be noted that Turkish Employment Law has a very wide framework. In this sense, it can be said that it has some special resources that are not found in other legal disciplines and the hierarchy among the resources has some different characteristics. In fact, in Turkish Law, social and economic rights related to working life and labor law are primarily regulated by the Constitution of the Turkish Republic (the “Constitution”). Moreover, the rules of the Constitution concerning employment law do not only consist of social and economic rights. Provisions regarding individual rights and freedoms (such as principle of equality, personal immunity, prohibition of drudgery, protection of private life, freedom of communication, freedom of thought and opinion) are also related to working life.
In addition to this, the rules regarding the employee-employer relationship are regulated both in the Turkish Code of Obligations numbered 6098 (“Turkish Code of Obligations”) and the Employment Law numbered 4857 (“Employment Law”). The primary and simplest reason for the regulation of the aforementioned rules in the Turkish Code of Obligations, as well as the Employment Law, is that the relationship between the employee and the employer regulates a debtor-creditor relationship. Apart from these, other basic regulations regarding employment law are regulated by other laws such as Trade Unions and Collective Labour Agreements Act numbered 6356,...
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