General View of the Termination Agreement in Terms of Workers` Rights in the Termination of Employment Contracts

Authors : Seçil Gürün Karatepe

Pages : 1-17

View : 39 | Download : 25

Publication Date : 2025-01-31

Article Type : Research Paper

Abstract :Labour Law No. 4857 introduced the concept of job security and clarified the existence of the mutual rescission contract. A Mutual rescission contract is a contract that terminates the existing employment contract between the employee and the employer. It is based on the principle of contract. Mutual rescission contracts, which are not regulated in our legislation, are regulated in the light of the decisions of the Court of Cassation and terminate employment contracts. In accordance with the principle of freedom of contract arising from the Constitution, the parties may terminate the contract they have concluded at any time, regardless of the type of contract. Since the freedom of contract in Articles 26 and 27 of the Code of Obligations No. 6098 will also be applied to labour contracts, the legal basis mentioned brings the application to the mutual rescission contract. In this study, the conditions and features of the mutual rescission contract will be discussed within the conceptual framework and the mutual rescission contract will be evaluated in terms of labour rights. The aim of the study is to increase the level of awareness of workers about their legal rights in the mutual rescission contract. The employment relationship between the employee and the employer is not expected to last for life, but it is not in accordance with the ordinary course of life for the employee to give up the rights brought by the employment contract. At this point, the study examines how to protect the employee and how to increase the validity and level of knowledge in the mutual rescission contract. In the methodology of the study, the descriptive analysis technique was selected within the scope of qualitative research and legal sources, continuous publications and case law of the Court of Cassation were used.
Keywords : İkale Sözleşmesi, İş Sözleşmesi, İşçi Alacakları, İşçi Hakları