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Turkish Code of Obligations Article 430

TBK Article 430

Article 430 of our Turkish Code of Obligations is as follows:

General Service Agreement - Termination of the contract - In a fixed-term contract

Madde 430 – A fixed-term service contract automatically terminates at the end of the period, without the need for a notice of termination, unless otherwise agreed.

If the fixed term contract is maintained implicitly after its expiration, it becomes an indefinite term contract. However, if there is a substantial cause, a fixed-term service contract may be established on top of each other.

Each party may terminate the ten-year service contract after a decade, by complying with the six-month termination notice. Termination takes effect only at the beginning of the month following this period.

If the contract has been decided to terminate with the termination notice and neither party has made a notice of termination, the contract becomes an indefinite term contract.

Title

The title of the section to which Article 430 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 - Termination of the contract - In a fixed-term contract

Reason

The justification of Article 430 of the Turkish Code of Obligations is as follows:

It partially meets the 818th article and 338th article of the Code of Obligations numbered 339.

In the article 429 of the draft, consisting of four paragraphs, the termination of fixed-term contracts is regulated.

"D. Hitami / I. Period's apocalypse "and" II. The expressions in the form of silence and reprieve, "G. Termination of the contract / I. Fixed term contract ”.

Considering that interrelated issues are regulated in Articles 818 and 338 of the Code of Obligations No. 339, it was written as a single article in the Draft. Considering that the second paragraph of Article 818 of the Code of Obligations No. 339 constitutes a condition for the implicit renewal of the service contract, it was not deemed necessary to be included in the Draft.

In the second paragraph of the Article, the phrase "the contract is deemed to be restricted for the same period and but finally for one year" used in the first paragraph of Article 818 of the Law of Obligations numbered 339, "The contract turns into an indefinite term contract." It has been changed. Thus, the clause has been harmonized with Article 4857 of the Labor Law No. 11.

In the last sentence of the same paragraph, the second and last paragraphs of Article 4857 of the Labor Law No. 11 were used. Thus, unless there is a fundamental reason, in the event of a fixed-term service contract with the same worker consecutively, these contracts will turn into an indefinite-term contract, and the worker will benefit from the conditions of such contracts and in the meantime, the legal provisions regarding protection against termination. On the other hand, if there is a fundamental reason for the chaining of fixed-term contracts, their feature of being a fixed-term contract will continue to exist.

In the last paragraph of the article, "the contract is deemed to have been renewed" used in the second paragraph of article 818 of the Code of Obligations No. 339. The phrase "contract becomes an indefinite term contract" in Article 429 of the Draft Draft, to express the result of the implicit renewal of the resulting contract if the parties continue their service relationship even though the agreed period in the contract has expired. It suffices to use a phrase such as

In the regulation of the article, the source article 334 of the Swiss Code of Obligations has been taken into consideration.

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 430th 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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