Collective Dismissal in Turkish Labor Law

• Author: Nezihe Binnur Tulukcu
• Profession: Faculty of Law, Selcuk University, Turkey
• Pages: 259-267

Collective Dismissal in Turkish Labor Law

Associate professor Nezihe Binnur TULUKÇU

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Abstract

The system fo r th e protection of workers against termination is called as job

reassurance in practice and teaching in general. Indeed, in the legal systems of countries

that adopt this assurance, it has become necessary to establish a balance between free-

dom of contract, employer’s freedom of enterprise, and the protection of the authority of

the employer and the removal of workers from the job. Job reassurance should not mean

that the worker can not be removed of workers from the work. In business law, the pro-

tection of the work is as important as the protection o f the worker. It ma y be necessary

for the operator to start to app ly economic and financial difficulties, to apply modern

technology requirements in the workplace, to go a more efficient and rational working

organization, or to inefficiency and behavior of employees. If the conditions o f employ-

ment security are met, the employer must terminate the indefinite-term employment con-

tract of the employer and must rely on a valid cause arising from the employee’s ina de-

quacy or behavior or from the necessity of the employer, the workplace or the job. The

employer's dismissal because of economic, technological, structural, and so fo rth busi-

ness, workplace or as a result of the job requirements in the workplace is collective dis-

missal. It is important that workers be protected against termination. However, the emer-

gence of an economic reason for the business community, resulting in the layoff of em-

ployees will create, in this case, the workers should be provided job security. The ar-

rangement of business that are related to collective labor law and the ILO Convention

No. 158 of 13 and 14. provides that articles shall be determined in accordance with the

principles of. In our study, the concept of mass dismissal in terms of Turkish Law, in

relation to a method of laid-off require to be able to work their back, and these Regula-

tions non-compliance with the Civil and criminal consequences were investigated.

Keywords: job reassurance, dismissal, labor law, technology requirements

JEL Classification: K31

1. Introduction

The system for the protection of the worker against termination is usually

referred to as job security in theory and practice. Indeed, law systems of countries

which adopt this security require a balance between freedom of contract, the em-

ployer’s freedom of enterprise and managerial authority, and the protection of the

worker against dismissal. Job security should not mean inability to dismiss a

worker. In labor law, the protection of the employer is just as important as the

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Nezihe Binnur Tulukçu – Faculty of Law, Selcuk University, Turkey, btulukcu@selcuk.edu.tr