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.
Hood
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 numbered 11 have been used. Thus, unless there is a fundamental reason, in the event that a fixed-term service contract is concluded with the same worker in succession, these contracts will turn into indefinite-term contracts, and the worker will benefit from the terms of such contracts and legal provisions on protection against termination. On the other hand, if there is a substantial reason to chain fixed-term contracts, the properties of being fixed-term contracts will continue to exist.
In the last paragraph of the article, the "contract is deemed to be restricted" used in the second paragraph of Article 818 of the Code of Obligations No. 339. In the article 429 of the Draft, "the contract turns into an indefinite term contract" in order to express the result of the implicit renewal of the resulting contract if the parties maintain the service relationship even though the period agreed in the contract expires. it is contented with using a phrase like
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.
