EVALUATION OF THE PROVISIONS OF THE NEW CODE OF OBLIGATIONS ON EMPLOYMENT CONTRACT IN TURKEY
Code of Obligations No. 6098 is in a relationship with labour contracts. On the one hand, it sets out the basic principles regarding employment contract in Turkey, and on the other hand, it determines the working conditions of workers who are not covered by the labour law. From this point of view, it is seen that the new law includes or amends some of the provisions that existed in the old law and were felt to be deficient in practice or thought to be appropriate to be amended, but on the other hand, unlike the old Code of Obligations, it regulates the working conditions of the employees working subject to the Code of Obligations in a detailed manner just like the labour laws.
On the other hand, it is seen that the new law also includes the concepts defined and regulated by the decisions of the Court of Cassation, especially in the context of our subject, and that these concepts have been given legal expressions.
It is seen that the main confusion or hesitations arise from these concepts. In this context, questions have arisen as to which provision will be valid and whether any provision in the labour laws has actually disappeared.
In this context, it is useful to examine Articles 393 to 447 of the Code of Obligations No. 6098 one by one in terms of the principles explained above.
Establishment of the employment contract in Turkey
Article 393 of the Code of Obligations Article 393 of the Code of Obligations is related to the definition of the labour contract and 394. Article is related to the establishment of the labour contract. It is seen that the language has been simplified and tried to be Turkishised as much as possible compared to the old regulation, and the regulations in the old law have been preserved.
Additionally, it is seen that the provisions of the old law regarding collective labour agreements and apprenticeship agreements are not included in the new law. It is assumed that these issues are left to the relevant special laws.
