Makul Yarar Yokluğu Nedeniyle Geçersiz Sayılan İkale Sözleşmesinin İşe İade Davasında Hak Düşürücü Süreye Etkisi

Abstract

Termination by mutual consent has been commonly used in labor law since the regulations regarding employment security came into force. This kind of termination is not regulated by law. In principle, if the employer offers to have a termination agreement this way, it is disadvantageous to the employee as the employee will not be able to benefit from the advantages resulting from the usual termination of contract. Regarding the validity of such contracts, the doctrine and the Supreme Court provide two requirements: Informing and Reasonable Benefit. Reasonable benefit is interpreted based on the characteristic of each case. The disputes submitted to the court are usually based on the invalidity of termination by mutual consent for not meeting the requirement of reasonable benefit. The question whether a termination by mutual consent invalidated for lacking the requirement of reasonable benefit can be considered as a termination of contract by the employer is one of the important issues in this subject. Especially if the employee kept working in the same work place after the termination by mutual consent, determining the date when the employment contract has been terminated by the employer will determine the period for reemployment request. In this study, we will analyse the effects of termination by mutual consent invalidated for lacking the requirement of reasonable benefit on the period of prescription for reemployment lawsuits.