ECTSAnnulment of the Employment Contract and Employment Security

Annulment of the Employment Contract and Employment Security (OZH613) Course Detail

Course Name Course Code Season Lecture Hours Application Hours Lab Hours Credit ECTS
Annulment of the Employment Contract and Employment Security OZH613 Elective Courses 3 0 0 3 5
Pre-requisite Course(s)
N/A
Course Language Turkish
Course Type Elective Courses
Course Level Ph.D.
Mode of Delivery Face To Face
Learning and Teaching Strategies Lecture, Question and Answer.
Course Coordinator
Course Lecturer(s)
  • Prof. Dr. Sarper Süzek
  • Research Assistant Yiğitcan Çankaya
Course Assistants
Course Objectives This course can be selected by the students who have been accepted in Atılım University Institute of Social Sciences Private Law Doctorate Program. Annulment of employment contracts and its legal consequences takes an important place in labor related contract law regarding lawsuits of reemployment and various compensations; therefore, should be examined and understood detailedly. Since employment security is one of the three fundamental securities of an employee under governance of Labor Act N. 4857, jurists who are to work in the field of labor law should be able to develop an understanding and practice in an ideal manner. This very course intends to help jurists accordingly, examining each topic thoroughly and as a whole.
Course Learning Outcomes The students who succeeded in this course;
  • A student who succeeds in this course interprets, paraphrases and explains the different legal consequences and different reasons of annulment of employment contracts thoroughly and detailedly.
  • Can resolve problems and compare information regarding all of the above in the light of theoretical and practical case and authorities given.
  • Can effectively differentiate and explain different annulment types of permanent or temporary contracts of employees who are under protection of employment security or not under the Labour Act No. 4857.
Course Content Reasons of annulment of employment contracts and its legal consequences; rules and consequences which are to be borne by the employee and employer; annulment terms; employment security; annulment due to fundamental change of working conditions; rightful annulment; restriction of right to annul;rules and consequences of the annulment of employment

Weekly Subjects and Releated Preparation Studies

Week Subjects Preparation
1 A. Termination of employment contracts other than annulment and terms of annulment I. Circumstances which cause termination of employment contracts other than annulment II. Annulment of employment contracts and different types of annulments in general III. Terms of annulment SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
2 B. Employment security I. The concept of employment security II. Classification of annulments which are in accordance with good faith (or not), relying on valid reasons (or not) and rightful (or not) annulment III. Scope of employment security SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
3 IV. Valid reasons of annulment V. Invalid reasons of annulment under governance of Art. 4 of Labor Act VI. The procedure of annulment of employment contract SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
4 VII. Lockout and the procedure of the annulment
 VIII. Objection to the annulment notice SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
5 IX. Litigation process in lawsuits of reemployment (invalid annulment) X. Consequences of an invalid annulment XI. The mandatory characteristics of rules upon employment security XII. The annulment of employment contracts due to union activity SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
6 C. Çalışma koşullarında esaslı değişiklik ve değişiklik feshi I. Değişiklik feshi kavramı II. Değişiklik feshine ilişkin hükümlerin kapsamı C. Fundamental change of working conditions and annulment due to it I. The concept of annulment due to fundamental change of working conditions II. Scope of rules regarding annulment due to fundamental change of working conditions SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
7 III. Conditions of annulment due to fundamental change of working conditions IV. Termination of employment contract by annulment due to fundamental change of working SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
8 Midterm Exam
9 D. Rightful annulment of employment contracts I. The legal ground of rightful annulment of employment contracts II. Rightful annulment reasons for the employer III. Rightful annulment reasons for the employee SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
10 IV. Terms of using the right to rightful annulment V. Designation of the party who annulled the employment contract SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
11 VI. The usage of rightful annulment VII. Legal consequences of rightful annulment VIII. Unrightful annulment SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
12 E. Restriction of the right to annul I. Restriction of employer’s right to annul in termed annulment by contract SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
13 II. Restriction of employer’s right to rightfully annul by contract III. Restriction of employee’s right to annul by penal clause SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
14 F. Consequences of the termination of employment contract I. Seniority indemnity SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
15 II. Unemployment insurance III. Liability of the new employer IV. Obligation to give the attestment of the current working status V. Exoneration SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)
16 Final Exam

Sources

Course Book 1. SÜZEK, Sarper, İş Hukuku, 14. Baskı, Beta Yayınları (2017)

Evaluation System

Requirements Number Percentage of Grade
Attendance/Participation - -
Laboratory - -
Application - -
Field Work - -
Special Course Internship - -
Quizzes/Studio Critics - -
Homework Assignments - -
Presentation - -
Project - -
Report - -
Seminar - -
Midterms Exams/Midterms Jury 1 30
Final Exam/Final Jury 1 70
Toplam 2 100
Percentage of Semester Work
Percentage of Final Work 100
Total 100

Course Category

Core Courses
Major Area Courses X
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

The Relation Between Course Learning Competencies and Program Qualifications

# Program Qualifications / Competencies Level of Contribution
1 2 3 4 5
1 Develops knowledge of concepts, institutions and methods of private law at the level of expertise. X
2 Makes original definition and qualification about legal concepts and methods. X
3 Analyzing and evaluating the problems of private law relations by using the information obtained, reaching new and original results and ideas. X
4 Evaluates existing or new concept or institution in the field of private law with a new thought, approach and method. X
5 Has the ability to understand and process the national and international dimensions of law by following court cases and practices. X
6 Has the ability to diagnose private law problems and solve problems. X
7 Gains a unique perspective in the field of private law. X
8 Has the ability to conduct research in the field of private law and to be able to put forth a unique scientific work. X
9 Gains the ability to make written and oral presentations in accordance with academic and ethical rules. X
10 Defends original opinions in the discussion of issues related to the field of private law and establish effective communication that demonstrates its competence. X
11 Has the ability to solve current legal problems within contemporary legal approaches. X
12 Contributes to the settlement and implementation of legal and academic codes of ethics. X
13 Contributes to the settlement of the law and justice consciousness in society and its sustainability process. X
14 Has the ability of establishing functional interaction by using strategic decision making processes in solving the problems arising from law theory and practice and affecting social life. X
15 Contributes to legal theory and practice by publishing at least one scientific article in the field of private law, nationally or internationally, in well-established and / or respected journals. X

ECTS/Workload Table

Activities Number Duration (Hours) Total Workload
Course Hours (Including Exam Week: 16 x Total Hours) 16 3 48
Laboratory
Application
Special Course Internship
Field Work
Study Hours Out of Class 16 3 48
Presentation/Seminar Prepration
Project
Report
Homework Assignments
Quizzes/Studio Critics
Prepration of Midterm Exams/Midterm Jury 1 10 10
Prepration of Final Exams/Final Jury 1 20 20
Total Workload 126