Abstract:

The principle of freedom of contract, which is based on Article 48 of the Constitution in our law; It is a general principle that has been taken under protection in accordance with the provisions of the Turkish Code of Obligations No. 6098 and is also applied in the field of Labor Law. Another requirement of the said principle is the freedom to choose the contracting party. However, some limitations have been brought to the principle of freedom of contract in labor law as a result of social considerations and the idea of protecting the worker. One of these limitations is the obligation of employers with certain qualifications to employ disabled people, ex-convicts and victims of terrorism. Employers are obliged to employ three percent disabled workers in private sector workplaces where they employ fifty or more workers, and four percent disabled and two percent ex-convict workers or victims of terrorism in public workplaces. The relevant obligation is basically stipulated in Article 30 of the Labor Law No. 4857 and Law No. 854. In addition, there are provisions that need to be examined in the Regulation on National Recruitment Services, the Regulation on the Procedures and Principles to be Applied to Public Institutions and Organizations for the Recruitment of Ex-Convicts or Injured Persons who are not Disabled in the Fight against Terrorism as Workers, and the Regulation on Disability Assessment for Adults. Therefore, it can be said that the regulations that should be handled within the scope of the employers' obligation to employ the disabled, ex-convicts and victims of terrorism are scattered in the legislation. The aim of this study is to reveal the scope, implementation and consequences of the relevant obligation. In line with this purpose, within the scope of the study, the opinions in the doctrine and the decisions of the Supreme Court were examined and the mentioned primary and secondary sources of law were examined. Additionally, concepts of the disabled, ex-convicts, victims of terrorism, private sector, public sector; the conditions to be fulfilled by the workers to be employed within the scope of this obligation, the number of workers to be employed; the rules applied in the determination of the workers and the determination of the workers, the basic principles regarding the implementation of this obligation; the control of the obligation, the violation and the consequences related to this violation have been clarified.

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