İş Sözleşmesinin Taraflardan Birinin Ölümü ile Sona Ermesine Bağlanan Hukuki Sonuçları Üzerine Genel Bir Değerlendirme

Abstract

In our study, it is aimed to discuss the legal consequences of the termination of the employment contract due to the death of one of the parties, limited to the employees within the scope of the Labour Law, in comparison with the legislation, current judicial decisions and Swiss Law. One of the reasons for the automatic termination of the employment contract is death. As a rule, it is accepted that the employment contract continues to exist in the event of the death of the employer and terminates in the event of the death of the employee. As a principle, it is accepted that the employment contract continues to exist in the event of the death of the employer and terminates in the event of the death of the employee. Nevertheless, in some cases, the employer's death is considered an automatic termination of the employment contract. "In such instance, it is important to ascertaining the legal entitlements of the employee who has been terminated. The legal issues to be addressed in terms of the death of the employer are; determination of the situations in which the employment contract will be deemed to have terminated automatically, the situations that will be entitled to the equitable compensation regulated in the Turkish Code of Obligations and the principles to be taken into consideration in determining the amount of this compensation, the differences arising from the type of employment contract, the status of the workers within the scope of the Labour Law and whether they are entitled to severance and notice payments. In terms of the death of the employee, although the continuation of the contract is certain, some issues may be encountered in determining the various entitlements that the legal heirs of the employee and other beneficiaries can assert vis-à-vis the employer. In this context, the beneficiaries, the amount to be paid and its relationship with similar receivables and compensations of the legal nature and scope of the subsequent payment obligation after death regulated by the Turkish Code of Obligations will be evaluated within the framework of the provisions of the Turkish Code of Obligations and the repealed Labour Law No. 1475 Article 14 that in force on severance pay.