THE EFFECT OF NATURAL DISASTERS ON TERMINATION OF THE EMPLOYMENT CONTRACT

Authors : Seher Demirkaya

Pages : 35-59

View : 69 | Download : 127

Publication Date : 2023-10-21

Article Type : Research Paper

Abstract :Natural disasters occur suddenly at unexpected moments and cause serious damages. The resulting damages not only affect daily life closely, but also deeply affect working life. In this sense, natural disasters can cause damage to people’s home and/or body integrity as well as work areas. In the event that a compelling reason arises in the workplace that will require the employee to be stopped the work for more than one week, the employee; in the event of a compelling reason preventing the employee from working at the workplace for more than one week, the employer has the right to terminate the employment contract with just cause. The parties have certain obligations and rights in case the employment contract is terminated due to the inability to fulfill the obligation based on natural disasters, which can be characterized as a compelling reason. In addition, the situation of the employee whose health deteriorated due to natural disasters also gives the parties the right to terminate under certain conditions. In this study, the reflection of the disruption of the ordinary course of life on working life due to natural disasters such as earthquakes, overfloods, floods and storms in recent times is discussed in terms of termination of employment contracts. At the same time, the rights of employees whose employment contracts have been terminated due to natural disasters and the rights and obligations of employers will be discussed, and an evaluation will be made on the reflection of the negativities experienced in working life. Thus, a resource can be created regarding the situation of employees whose working life has been adversely affected or even whose employment contracts have been terminated due to natural disasters.
Keywords : Natural disasters, earthquake, flood overflood, termination for employment contract termination, act of god