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Turkish Code of Obligations Article 429

TBK Article 429

Article 429 of our Turkish Code of Obligations is as follows:

General Service Agreement – ​​Transfer of service relationship – Transfer of agreement

Madde 429 – The service contract can be transferred to another employer on a permanent basis, only by obtaining the written consent of the employee.

With the transfer, the transferee becomes the employer side of the service contract, together with all of its rights and debts. In this case, the date on which the worker starts working next to the transferring employer is taken into account in terms of his rights depending on the period of service.

Title

The title of the section to which Article 429 of the TBK belongs is as follows: PART TWO: Special Debt Relations - CHAPTER SIX: Service Contracts - SECTION ONE: General Service Agreement

The item title is as follows: General Service Agreement – ​​Transfer of service relationship – Transfer of agreement

Reason

The justification of Article 429 of the Turkish Code of Obligations is as follows:

Not included in the Code of Obligations No. 818, “II. Transfer of contract” is a new article with the margin title.

In Article 428 of the draft, which consists of two paragraphs, the transfer of the service contract is regulated.

In the first paragraph of the article, it is stated that the service contract can be permanently transferred to another employer only by obtaining the written consent of the employee.

In the second paragraph of the article, it is stated that the transferee will form the employer side of the service contract with all its rights and obligations. Indeed, with the takeover of the service contract, the service relationship does not end, the transferee becomes the employer party of the contract. In this case, the date on which the employee started to work with the transferring employer shall be taken as the basis for the rights of the worker depending on the period of service. A similar arrangement has been made in Article 4857 of the Labor Law No. 7 in terms of temporary employment relationship.

JUSTICE COMMISSION REPORT

- Articles 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435 and 436 of the bill, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436. and 437 were accepted as the same.

TBMM Acceptance Text

I present the 429th article to your votes: Those who accept… Those who do not accept… It has been accepted.

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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