In its recent decisions, the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly...
In its recent decisions1, the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly and severally liable for the employment receivables.
In this context, taking into account the definition of organic connection provided in the case law of the Court of Cassation2 and that of the General Assembly of Civil Chambers of the Court of Cassation, actors such as the legal entities sharing the same address, having similar partnership structures or boards of directors, having the same representatives, operating in similar fields, share transfers, collusive transactions, and the specific circumstances of the case are taken into consideration in determining the existence of an organic connection between legal entities.
In employment practices within group companies, it is frequently observed that employees provide services not only to the employer listed in their social security records but also to other companies within the group. In such cases, the Court of Cassation holds that it would be inappropriate to impose joint liability for employment receivables solely on the basis of an organic connection between the legal entities, as well as to attribute...
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