Podcast
Questions and Answers
What is the main contractual obligation of an employee in an employment relationship?
What is the main contractual obligation of an employee in an employment relationship?
- To be loyal to the employer
- To perform their duties (correct)
- To provide a substitute
- To pay wages
An employee is obliged to perform their work in person unless otherwise stated in the contract, according to Turkish Labor Law.
An employee is obliged to perform their work in person unless otherwise stated in the contract, according to Turkish Labor Law.
True (A)
An employer can transfer the duty to work of an employee to another employer without their consent.
An employer can transfer the duty to work of an employee to another employer without their consent.
False (B)
An employee will be paid wages even if they fail to fulfill their duty to work.
An employee will be paid wages even if they fail to fulfill their duty to work.
What is the employer's right to be reflected in the employee's duty to follow instructions?
What is the employer's right to be reflected in the employee's duty to follow instructions?
According to the Turkish Labor Code, what are two types of instructions that an employer can give?
According to the Turkish Labor Code, what are two types of instructions that an employer can give?
An employee cannot refuse to perform their duties if they are reminded by the employer.
An employee cannot refuse to perform their duties if they are reminded by the employer.
An employee's duty of loyalty is inherent in the definition of the employment contract.
An employee's duty of loyalty is inherent in the definition of the employment contract.
Employees are not obligated to disclose confidential information acquired while employed.
Employees are not obligated to disclose confidential information acquired while employed.
An employee can compete with their employer while the employment contract is in progress.
An employee can compete with their employer while the employment contract is in progress.
A non-compete agreement can prohibit an employee from working in a field that is not related to their previous employment.
A non-compete agreement can prohibit an employee from working in a field that is not related to their previous employment.
What is not a condition for a non-compete agreement to be considered valid?
What is not a condition for a non-compete agreement to be considered valid?
An employee who violates a non-compete agreement can be exempted from this obligation by paying the amount specified in the penal clause.
An employee who violates a non-compete agreement can be exempted from this obligation by paying the amount specified in the penal clause.
When can a non-compete agreement be terminated? (Select all that apply)
When can a non-compete agreement be terminated? (Select all that apply)
According to Turkish law, what is the fundamental obligation of the employer in an employment contract?
According to Turkish law, what is the fundamental obligation of the employer in an employment contract?
The employer can choose to not pay wages to the employee, if it's not specified in the employment contract or collective agreement.
The employer can choose to not pay wages to the employee, if it's not specified in the employment contract or collective agreement.
The minimum wage in Turkey is determined by the government.
The minimum wage in Turkey is determined by the government.
The minimum wage in Turkey varies depending on the region.
The minimum wage in Turkey varies depending on the region.
Employers can seize more than one-fourth of an employee's monthly wage to settle debts.
Employers can seize more than one-fourth of an employee's monthly wage to settle debts.
Employees can strike for non-payment of wages, according to Turkish labor law.
Employees can strike for non-payment of wages, according to Turkish labor law.
What are two ways employees can respond to non-payment of wages?
What are two ways employees can respond to non-payment of wages?
Employers are always allowed to impose fines on employees' wages.
Employers are always allowed to impose fines on employees' wages.
The maximum fine that can be imposed on an employee's wage is equivalent to two days' wage in a month.
The maximum fine that can be imposed on an employee's wage is equivalent to two days' wage in a month.
The Wage Guarantee Fund is funded by employer contributions only.
The Wage Guarantee Fund is funded by employer contributions only.
The Wage Guarantee Fund covers wages unpaid for the last six months.
The Wage Guarantee Fund covers wages unpaid for the last six months.
Claims of employees are deemed privileged claims in case of the employer's bankruptcy.
Claims of employees are deemed privileged claims in case of the employer's bankruptcy.
Employers can unilaterally reduce the wages of their employees.
Employers can unilaterally reduce the wages of their employees.
The statutory limitation for claiming wages is five years.
The statutory limitation for claiming wages is five years.
The primary employer is responsible for ensuring that the sub-employer pays their employees.
The primary employer is responsible for ensuring that the sub-employer pays their employees.
The Turkish Constitution states that everyone is equal before the law.
The Turkish Constitution states that everyone is equal before the law.
The principle of equal treatment in the workplace only prohibits discrimination.
The principle of equal treatment in the workplace only prohibits discrimination.
An employee can terminate their contract with "just cause" if they experience discrimination.
An employee can terminate their contract with "just cause" if they experience discrimination.
Paying a lower wage to a female employee for the same work as a male employee is always considered discrimination.
Paying a lower wage to a female employee for the same work as a male employee is always considered discrimination.
The employer's duty of care includes protecting the employee's personality, but not their personal data.
The employer's duty of care includes protecting the employee's personality, but not their personal data.
The employer is always obligated to prevent sexual harassment in the workplace.
The employer is always obligated to prevent sexual harassment in the workplace.
An employee can demand compensation for damages caused by unlawful processing of their personal data.
An employee can demand compensation for damages caused by unlawful processing of their personal data.
What are some of the employer's responsibilities regarding occupational health and safety? (Choose all that apply)
What are some of the employer's responsibilities regarding occupational health and safety? (Choose all that apply)
An employee is obligated to inform their employer in writing if they make an independent invention.
An employee is obligated to inform their employer in writing if they make an independent invention.
The employer can claim full rights to a service invention if they inform the employee within three months of receiving the notice.
The employer can claim full rights to a service invention if they inform the employee within three months of receiving the notice.
The employer can make a partial claim for a service invention, which then automatically becomes an independent invention.
The employer can make a partial claim for a service invention, which then automatically becomes an independent invention.
An employee can request that an employer abandon their partial rights to a service invention if the employer's use significantly impedes their ability to evaluate the invention.
An employee can request that an employer abandon their partial rights to a service invention if the employer's use significantly impedes their ability to evaluate the invention.
What is one primary reason a fixed-term employment contract cannot be terminated unilaterally?
What is one primary reason a fixed-term employment contract cannot be terminated unilaterally?
What happens to employees under fixed-term contracts concerning re-employment lawsuits?
What happens to employees under fixed-term contracts concerning re-employment lawsuits?
Which of the following conditions must be met for a fixed-term employment contract to be valid?
Which of the following conditions must be met for a fixed-term employment contract to be valid?
What is NOT a reason that requires a fixed-term employment contract to be established?
What is NOT a reason that requires a fixed-term employment contract to be established?
When does a fixed-term contract typically end?
When does a fixed-term contract typically end?
What entitlement does an employee under a fixed-term contract NOT have upon termination?
What entitlement does an employee under a fixed-term contract NOT have upon termination?
What defines a 'work with a definite duration' in the context of a fixed-term contract?
What defines a 'work with a definite duration' in the context of a fixed-term contract?
What is a common misconception about fixed-term contracts?
What is a common misconception about fixed-term contracts?
What must be present for fixed-term employment contracts that last one year or longer to be considered valid?
What must be present for fixed-term employment contracts that last one year or longer to be considered valid?
What happens if an employer fails to meet the conditions necessary to conclude a definite term contract?
What happens if an employer fails to meet the conditions necessary to conclude a definite term contract?
What is the minimum duration that parties can set in an employment contract?
What is the minimum duration that parties can set in an employment contract?
Under a minimum term contract, what right do parties lose during the designated minimum term?
Under a minimum term contract, what right do parties lose during the designated minimum term?
What is required for chain employment contracts to remain valid?
What is required for chain employment contracts to remain valid?
What is a key characteristic of a contract of employment with an indefinite term?
What is a key characteristic of a contract of employment with an indefinite term?
What option is available for terminating a minimum term contract with just cause?
What option is available for terminating a minimum term contract with just cause?
What is a defining feature of a fixed-term employment contract?
What is a defining feature of a fixed-term employment contract?
Under what condition can a definite term contract be established?
Under what condition can a definite term contract be established?
What happens if a contract named as a definite term contract does not comply with regulations?
What happens if a contract named as a definite term contract does not comply with regulations?
What legal status does a contract have if it is named as a definite term contract but does not meet necessary conditions?
What legal status does a contract have if it is named as a definite term contract but does not meet necessary conditions?
Which aspect does a definite term contract NOT depend on?
Which aspect does a definite term contract NOT depend on?
How are both an employer and an employee permitted to terminate an indefinite term employment contract?
How are both an employer and an employee permitted to terminate an indefinite term employment contract?
In fixed-term employment contracts, what must be known or foreseeable?
In fixed-term employment contracts, what must be known or foreseeable?
What primary characteristic differentiates a fixed-term contract from other employment contracts?
What primary characteristic differentiates a fixed-term contract from other employment contracts?
Which is NOT considered a reason for establishing a contract of employment with a definite term?
Which is NOT considered a reason for establishing a contract of employment with a definite term?
What is the minimum weekly working time an employer must pay a part-time worker on a work on call agreement if no time is specified?
What is the minimum weekly working time an employer must pay a part-time worker on a work on call agreement if no time is specified?
Under what condition can an employer treat part-time employees less favorably than full-time employees?
Under what condition can an employer treat part-time employees less favorably than full-time employees?
What must parties include in a written work on call agreement?
What must parties include in a written work on call agreement?
What is the minimum notice period an employer must give before calling an employee for work?
What is the minimum notice period an employer must give before calling an employee for work?
If employees specify their working hours in a work on call agreement, what happens if they work less than the agreed hours?
If employees specify their working hours in a work on call agreement, what happens if they work less than the agreed hours?
What is one potential benefit of a remote work contract?
What is one potential benefit of a remote work contract?
What is the consequence for an employee who works more hours than specified in their work on call agreement?
What is the consequence for an employee who works more hours than specified in their work on call agreement?
Which article in the labor code regulates work on call agreements?
Which article in the labor code regulates work on call agreements?
What is a requirement for a remote work contract according to the provided content?
What is a requirement for a remote work contract according to the provided content?
Which of the following provisions is NOT typically included in a remote work contract?
Which of the following provisions is NOT typically included in a remote work contract?
What must an employer NOT do in relation to employees working under a remote work contract?
What must an employer NOT do in relation to employees working under a remote work contract?
What should an employer provide according to the safety measures for remote workers?
What should an employer provide according to the safety measures for remote workers?
What type of work is not classified as remote work according to the definition given?
What type of work is not classified as remote work according to the definition given?
What must employers inform employees about in a remote working relationship?
What must employers inform employees about in a remote working relationship?
What distinguishes the two types of remote work contracts mentioned?
What distinguishes the two types of remote work contracts mentioned?
What is a fundamental requirement when it comes to the definition of remote work?
What is a fundamental requirement when it comes to the definition of remote work?
What defines a part time contract of employment?
What defines a part time contract of employment?
How are wages and benefits distributed between part-time and full-time employees?
How are wages and benefits distributed between part-time and full-time employees?
What is considered as part-time work according to the Regulation on Working Hours in Labor Code?
What is considered as part-time work according to the Regulation on Working Hours in Labor Code?
What distinguishes a 'comparable worker' from other employees?
What distinguishes a 'comparable worker' from other employees?
Which of the following is a requirement for a contract to be classified as part-time?
Which of the following is a requirement for a contract to be classified as part-time?
What does the Supreme Court ruling indicate regarding full-time employees working different hours?
What does the Supreme Court ruling indicate regarding full-time employees working different hours?
Which statement best reflects the principle of wage equality for part-time employees?
Which statement best reflects the principle of wage equality for part-time employees?
If an employee works 30 hours in a week, under what condition can this work still be considered full-time?
If an employee works 30 hours in a week, under what condition can this work still be considered full-time?
Flashcards
What is the primary obligation of an employee in an employment contract?
What is the primary obligation of an employee in an employment contract?
The employee's duty to work, which is to perform their assigned tasks diligently and with care.
Can an employee delegate their duty to work to someone else?
Can an employee delegate their duty to work to someone else?
No, an employee cannot delegate their duty to work to another person without the employer's consent. The employment contract creates a personal relationship between the employer and employee.
What happens if an employee fails to fulfill their duty to work?
What happens if an employee fails to fulfill their duty to work?
The employee may not be entitled to wages, and the employer may be able to terminate the contract with just cause.
What are some examples of employee misconduct that might lead to termination?
What are some examples of employee misconduct that might lead to termination?
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What is the employee's duty to follow instructions?
What is the employee's duty to follow instructions?
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What happens if an employee does not follow instructions?
What happens if an employee does not follow instructions?
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What is the employee's duty of loyalty?
What is the employee's duty of loyalty?
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What are examples of behaviors that demonstrate loyalty and disloyalty?
What are examples of behaviors that demonstrate loyalty and disloyalty?
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What is a non-compete agreement?
What is a non-compete agreement?
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What are the requirements for a valid non-compete agreement?
What are the requirements for a valid non-compete agreement?
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What are some grounds for termination of a non-compete agreement?
What are some grounds for termination of a non-compete agreement?
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What is the employer's duty to pay wages?
What is the employer's duty to pay wages?
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What happens if there's no provision in the contract regarding the wage?
What happens if there's no provision in the contract regarding the wage?
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What are time wages?
What are time wages?
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What is the difference between monthly wage and fixed rate wage?
What is the difference between monthly wage and fixed rate wage?
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What is piece rate wage?
What is piece rate wage?
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What are premiums and bonuses?
What are premiums and bonuses?
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What is the minimum wage?
What is the minimum wage?
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What is the protected portion of an employee's wage?
What is the protected portion of an employee's wage?
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What are some consequences of an employer not paying wages on time?
What are some consequences of an employer not paying wages on time?
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What is the Wage Guarantee Fund?
What is the Wage Guarantee Fund?
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What is the principle of equal treatment in the employment context?
What is the principle of equal treatment in the employment context?
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What are some examples of prohibited discrimination in employment?
What are some examples of prohibited discrimination in employment?
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What are some consequences of violating the prohibition of discrimination?
What are some consequences of violating the prohibition of discrimination?
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What is the employer's duty of care?
What is the employer's duty of care?
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How does the employer protect the employee's personality?
How does the employer protect the employee's personality?
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Why is protecting personal data important in an employment context?
Why is protecting personal data important in an employment context?
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What are some employer obligations regarding occupational health and safety?
What are some employer obligations regarding occupational health and safety?
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What are the two types of employment contracts?
What are the two types of employment contracts?
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What is a definite term employment contract?
What is a definite term employment contract?
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What is an indefinite term employment contract?
What is an indefinite term employment contract?
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What is the general rule regarding employment contracts in Turkey?
What is the general rule regarding employment contracts in Turkey?
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Why are strict regulations in place for definite term contracts?
Why are strict regulations in place for definite term contracts?
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When can an employer legally terminate an indefinite term contract?
When can an employer legally terminate an indefinite term contract?
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Can an indefinite term contract be changed into a definite term contract?
Can an indefinite term contract be changed into a definite term contract?
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What happens if a contract is named definite term but does not meet the legal requirements?
What happens if a contract is named definite term but does not meet the legal requirements?
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What is a fixed-term employment contract?
What is a fixed-term employment contract?
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What are the key differences between a fixed-term and indefinite-term contract?
What are the key differences between a fixed-term and indefinite-term contract?
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What are the legal requirements for a fixed-term employment contract?
What are the legal requirements for a fixed-term employment contract?
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What are examples of 'work with definite duration'?
What are examples of 'work with definite duration'?
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What are examples of 'completion of a certain work'?
What are examples of 'completion of a certain work'?
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What are examples of 'emergence of a certain event'?
What are examples of 'emergence of a certain event'?
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Can a fixed-term contract be terminated before the end date?
Can a fixed-term contract be terminated before the end date?
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Does the employer need to give notice to the employee when a fixed-term contract ends?
Does the employer need to give notice to the employee when a fixed-term contract ends?
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What are the types of employment contracts in Turkey?
What are the types of employment contracts in Turkey?
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How is part-time work defined in Turkey?
How is part-time work defined in Turkey?
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Who is considered a comparable worker in part-time employment?
Who is considered a comparable worker in part-time employment?
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How are part-time employees compensated?
How are part-time employees compensated?
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How is weekly working time relevant to employment type?
How is weekly working time relevant to employment type?
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What is the principle of equal treatment in employment?
What is the principle of equal treatment in employment?
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What is the legal consequence of differing weekly working times in full-time contracts?
What is the legal consequence of differing weekly working times in full-time contracts?
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Why is the concept of "comparable worker" important in part-time employment?
Why is the concept of "comparable worker" important in part-time employment?
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What is remote work?
What is remote work?
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What are the two types of remote work contracts?
What are the two types of remote work contracts?
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What are the mandatory provisions in a written remote work contract?
What are the mandatory provisions in a written remote work contract?
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Can a remote worker be treated differently from a comparable employee?
Can a remote worker be treated differently from a comparable employee?
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What are the employer's obligations regarding safety for remote workers?
What are the employer's obligations regarding safety for remote workers?
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What is a contract of service at home?
What is a contract of service at home?
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Which law applies to occupations not covered by the Labor Code?
Which law applies to occupations not covered by the Labor Code?
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What are some examples of occupations potentially covered by the TCO?
What are some examples of occupations potentially covered by the TCO?
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What is Work on Call?
What is Work on Call?
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What are the legal requirements for Work on Call contracts?
What are the legal requirements for Work on Call contracts?
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How is wage calculated for Work on Call employees?
How is wage calculated for Work on Call employees?
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What is the reason for the rise of Remote Work?
What is the reason for the rise of Remote Work?
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What are the benefits of Remote Work for employees?
What are the benefits of Remote Work for employees?
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What are some challenges of Remote Work?
What are some challenges of Remote Work?
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What are the implications of Remote Work for employers?
What are the implications of Remote Work for employers?
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What must a written remote work contract include?
What must a written remote work contract include?
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Can remote workers be treated differently than other employees?
Can remote workers be treated differently than other employees?
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What are the three objective conditions for a fixed-term employment contract?
What are the three objective conditions for a fixed-term employment contract?
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What is a 'chain employment contract'?
What is a 'chain employment contract'?
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What happens when a contract is named as fixed-term but fails to meet the legal requirements?
What happens when a contract is named as fixed-term but fails to meet the legal requirements?
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What are the key differences between a fixed-term and an indefinite-term employment contract?
What are the key differences between a fixed-term and an indefinite-term employment contract?
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What is the purpose of a minimum term employment contract?
What is the purpose of a minimum term employment contract?
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What is the difference between a minimum term contract and a fixed-term contract?
What is the difference between a minimum term contract and a fixed-term contract?
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Study Notes
Obligations Arising From the Contract of Employment
- Contract of employment imposes obligations on both parties.
- Key obligations include employee's duty to work and employer's duty to pay wages.
- Other obligations exist for both parties.
Obligations of Employees
Duty to Work (İş Görme Borcu)
- Employee's primary obligation is to perform their work diligently and with due care.
- Employee must perform the work in person unless otherwise agreed.
- Employer cannot assign the employee's work to another without consent.
- Explicitly defined work duties must be followed.
- Generally described duties allow assignment to related tasks.
- Failure to perform duties may result in no pay, unless contract specifies otherwise.
- Absence from work for 2 consecutive days or 2 times in a month without permission results in termination.
- Refusal to perform duties despite reminders is grounds for termination.
- Failure to perform duties with diligence and care can lead to termination.
- Employer may terminate due to actions that jeopardize work safety, or damage to employer property.
Duty to Follow Instructions (Talimatlara Uyma Borcu)
- Employees must follow lawful and reasonable instructions for their work.
- Instructions for task execution and employee conduct are different but related duties.
- Unlawful or unreasonable instructions can be disregarded by employees.
- Refusal to follow duties can lead to termination.
Duty of Loyalty (Sadakat Borcu)
- Duty of loyalty, though not explicitly defined, exists in employment contracts.
- Employees must act for the employer's benefit and avoid actions harming the employer.
- Example of loyalty includes reporting shoplifting.
Non-Compete Agreement (Rekabet Yasağı Sözleşmesi)
- A separate agreement preventing competition is needed.
- A non-compete agreement is governed by Articles 444-445 of the Turkish Code of Obligations (TCO).
- Conditions for a valid agreement include written form and the employee's legal capacity.
- The employer must have a legitimate interest.
- Agreements should not harm the employee's economic future.
- Duration and scope are potentially limited.
- Duration should not exceed 2 years.
Obligations of Employers
Duty to Pay Wage (Ücret Ödeme Borcu)
- Duty to pay a wage is a fundamental element of an employment contract.
- Wage is defined as compensation for work.
- If no wage is specified, the minimum wage applies.
- Employers pay in Turkish Lira or equivalent according to date.
- Payments cannot occur in bars or retail outlets if alcoholic beverages are present.
- Claims for late payments are subject to a 5-year limit.
- The employer is obligated to pay the wage agreed upon, or the minimum wage if no wage is agreed upon.
- Minimum wage is legally mandated and must be paid.
Types of Wage
- Time Wages: Pay based on the time spent working (e.g., hourly, daily, weekly, monthly).
- Piece Rate Wages: Pay based on the amount of work completed (e.g., units produced).
- Fixed Rate Wages: A predetermined wage independent of work completion or time.
- Premiums and Bonuses: Supplements for exceptional performance or particular events.
- Employers may unilaterally pay premiums.
Protection of Wage
- Portion of wage is protected against seizure, transfer or assignment.
- Maximum seizure is 1/4 of the monthly wage.
- Wage protections are related to the specific laws of Turkey.
- Wage claims are protected and prioritized during bankruptcy proceedings.
- There is a Wage Guarantee Fund to safeguard wages in specific circumstances.
Privileged Claim Character (Privileged Claim Character)
- Wages are privileged claims in bankruptcy proceedings (Art. 206 of Bankruptcy Law).
- Wage claims are prioritized in legal proceedings.
- One-year time frame before bankruptcy for privileged wage claims.
Equal Treatment
- Employees are entitled to equal treatment, avoiding discrimination (based on law of Turkey)
- Discrimination is prohibited concerning various aspects like gender or maternity.
- The applicable laws of Turkey must be followed.
- Employers cannot discriminate based on language, race, sex, political opinion, philosophical belief, religion.
- Discrimination between different contract types (e.g., fixed vs. indefinite) is prohibited, unless justified.
Occupational Health and Safety
- Employers have a duty to ensure a safe work environment.
- They must provide appropriate resources and training.
- Occupational health and safety are legal obligations, not only recommendations, and failure can lead to penalties.
Duty to Make Payment for Employee Inventions
- Employee inventions may be categorized as "service" or "independent" based on their origin.
- Regulations governing the invention rights are described, and time periods for claims by the employer are also detailed.
- Employees must be informed about the classification of their invention (service or independent) and claims by employer.
Protection of Personal Data
- Employers have a responsibility to protect employee personal data under applicable laws.
- Specific regulations and procedures must be followed.
- Employee personal data is a protected area under law and is covered by the Protection of Personal Data Law (6698).
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Description
This quiz explores the key obligations arising from employment contracts, focusing on both employee and employer responsibilities. Understand the duty to work, conditions for termination, and the importance of diligence in performance. Test your knowledge on the legal aspects of employment obligations and their implications.
