TÜRK İŞ HUKUKU BAĞLAMINDA İKALE SÖZLEŞMELERİNİN GEÇERLİLİK ÖLÇÜTLERİ VE “MAKUL YARAR” KAVRAMI*

Abstract

Mutual rescission agreements, which is frequently encountered especially after job security provisions are included in our legislation, aspire to terminate a labour contract. Regardless of the type, the current individual labour contract is terminated by mutual agreement of the employment relation parties. In our labour legislation, which s. 385-416 Araştırma Makalesi/Research Article DOI: 10.54049/taad.1093136 Türk İş Hukuku Bağlamında İkale Sözleşmelerinin Geçerlilik Ölçütleri ve “Makul Yarar” Kavramı Arş. Gör. Serkan Taylan KARAÇ | Türkiye Adalet Akademisi Dergisi 386 T A A D is shaped within the framework of the principle of protecting the employee who is in a weak position in the employment relation, there is no regulation on how the mentioned contract will be formed. Despite mutual rescission agreements take their legal infrastructure from the freedom of contract, they were deemed in need of a particular assessment due to the negative consequences for the employee. In addition to the legality criteria generally considered in respect to contracts, the “reasonable benefit” criterion developed by the doctrine is also taken into consideration as a criterion in the evaluation in terms of the legality of the rescission. In fact, in order to be able to speak of the existence of a valid rescission, the provision of the mentioned benefit has been the most significant criterion. In our study, after giving general information about the mutual rescission, the legality criteria of the said contract will be evaluated in terms of the mutual rescission and the concept of reasonable benefit will be examined under a separate heading.