Proceedings of the 4th Business & Management Conference, Istanbul

TERMINATION DUE TO UNION REASONS IN TURKISH LABOR LAW

HAMIDE MERVE GÜÇLÜ

Abstract:

Most of today’s legal system has accepted principle of freedom of contract with the effect of economic liberalism. Despite this, by considering weakness of workers against employer espeecially in working life, the idea that workers should be protected has been accepted and exceptions to the principle of freedom of contract has been introduced. For this reason, workers have been tried to be protectedagainst termination. If it is necessary to describe it briefly, if employer doesn’t dismiss worker arbitrarily, this means protection of worker against termination. Protection of workers against termination is among main objectives and issues of labor law. Union reasons are one of the reasons for employers to dismiss workers. In working life, dismissal of workers because of membership in union or union activities means “Termination due to union reasons”, protection of workers against these dismissals means “Protection of workers against termination due to union reasons”. Protection of workers against termination due to union reasons is the result of union freedom given to workers. As a result of giving this freedom to workers, employment contract of the worker can’t be terminated due to union; in case of termination due to this reason, legal remedies are provided such as returning to work.

Keywords: Labor law, termination, union reasons

DOI: 10.20472/BMC.2016.004.006

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