Labour Decree Article 6: In the workplace transfer, the employee contract automatically passes to the new employer.
Consequences of the Transfer
- The employee contract continues Liability
- The old employer is responsible for the debts before the transfer
- The liability of the old employer ceases after 2 years of the transfer
- The new employer is responsible for all rights
Worker's Rights
- Cannot demand severance from the old employer (the contract continues)
- Termination for just cause if the new employer worsens the wages/conditions
- The worker terminates for just cause receives seniority
Collective Labor Agreement
- TİS provisions continue
- Depends on the new employer
- Can be revised during renewal
Supreme Court 9. HD and HGK
HGK states that "comments in favor of the worker" should be made during the transfer of the workplace, and that worsening working conditions after the transfer constitutes a justified reason It is adopted.
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