Abstract:

The transfer of establishment, according to the provisions of article 202 of the Turkish Code of Obligations numbered 6098, takes place by a transfer agreement that foresees the transfer of the establishment to the transferee with its active and passive assets. On the other hand, according to article 6 of the Labor Law No. 4857 the establishment or one of its sections is transferred to another person based on a legal transaction. In the jurisprudence of the Turkish Court of Cassation in accordance with the last aforementioned article, the transfer of an establishment is defined as the transfer of all or a part of the workplace to another person based on a legal transaction. Transactions regarding the transfer of the establishment are not covered in the law but given in a general way. For this reason, the transfer of establishment may occur in different ways and can cause some problems in practice. In our study, within the framework of the Turkish Supreme Court decisions, the problems caused by the workplace transfer in practice are discussed and solutions are offered.

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