Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

Abstract

The transfer of the employment contract is a concept that finds a field application, especially in group companies or holding companies. However, the transfer of the employment contract is not regulated in the Labour Law No. 4857. In determining the conditions and consequences of the assignment of the employment contract, the provisions of Article 205 of the Turkish Code of Obligation regulating the assignment of the contract and Article 429 of the TCO regulating the assignment of the service contract are used. However, these provisions do not answer whether the transferor employer will be liable for the debts arising before or after the transfer. For this reason, different assertions regarding the responsibility of the transferor employer in the transfer of the employment contract have emerged with the effect of the presence of regulations regarding the responsibility of the transferor employer in the transfer of the workplace, which is a similar institution. The judicial authorities have also evaluated and resolved the issue of the responsibility of the transferor employer in different ways over time. As a matter of fact, the Court of Cassation's change of jurisprudence regarding the responsibility of the transferor employer in the transfer of the employment contract in 2022 has revealed the necessity to re-evaluate the issue. In this context, in our study, the conditions and consequences of the transfer of the employment contract will be briefly mentioned and the issue of whether the transferor employer can be held responsible for the labour receivables arising before or after the transfer will be evaluated