BASKI FESHİNE İLİŞKİN ALMAN FEDERAL İŞ MAHKEMESİ KARARININ İNCELENMESİ
If third parties, customers, suppliers, employees, the works council, trade union, banks or government institutions want to under threat of legal or economic disadvantages (e.g. refusal to cooperate with the worker concerned, Termination, strike or withdrawal of orders) for the employer of this the...
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| Format: | Article |
| Language: | deu |
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Inonu University
2018-12-01
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| Series: | İnönü Üniversitesi Hukuk Fakültesi Dergisi |
| Subjects: | |
| Online Access: | https://dergipark.org.tr/tr/pub/inuhfd/issue/38129/425045 |
| Summary: | If third parties, customers, suppliers, employees, the works council, trade union, banks or government institutions want to under threat of legal or economic disadvantages (e.g. refusal to cooperate with the worker concerned, Termination, strike or withdrawal of orders) for the employer of this the dismissal of a certain workers, can be dismissal under third-party pressure (druckkündigung). Dismissal under third-party pressure is a special case of extraordinary termination, both as a behavioral, people-related as well as operational except ordinary, but also as an ordinary termination. There are two types of dismissal under third-party pressure; “real” and “fake” dismissal under third-party pressure. In the fake dismissal under third-party pressure is the pressure exerted by a third party termination on the employer is not the real reason for termination, but rather the underlying misconduct of the employee. In contrast, real dismissal under third-party pressure express that the staff or third parties require the termination of the worker, without the need for a behavior-related or personal-related reason for termination is detectable. In this case according to German Federal Labour Court a termination for operational reasons is in question. The effectiveness of a real dismissal under third-party pressure is subject to strict conditions. In the studied sentence is releated that the workers through dismissal under third-party pressure due to offense not related to work is dismissed. In our work, firstly the sentence of the German Federal Labor Court roughly was examined and then the applicability of the dismissal under third-party pressure in Turkish Law was assessed. |
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| ISSN: | 2146-1082 2667-5714 |