Transfer Of Service Contract

13 May Transfer Of Service Contract

TRANSFER OF SERVICE CONTRACT

In Article 429 of the Code of Obligations No. 6098 entitled “transfer of contract”; “the service contract may be transferred to another employer on a permanent basis only by obtaining the written consent of the worker. With the transfer process, the transferee, along with all rights and debts, becomes the employer side of the service contract. In this case, in respect of the rights of the worker due to the period of service, the date on which he started work alongside the transferred employer shall be taken as the basis.”the judgment is given.

As stated in the provision, the transfer of the service contract can be defined as the transfer of the employee employed by the service contract from one place to another company, provided that all rights of the worker are protected in case of the activity of the working life and the needs of the parties.

LEGAL FEATURES OF THE TRANSFER OF SERVICE CONTRACT

1-Obtaining The Written Approval Of The Worker:

The transfer of the service contract takes place in a tripartite relationship between the employee, the employer and the employer who inherits the service contract. With the transfer, it is envisaged that the worker will serve the employer who takes over from now on. In the transfer of the service contract, it is essential that the employers who have transferred and transferred and the will of the worker on the transfer are united.

The written approval of the worker must be obtained before the transfer of the service contract. During the transfer, written approval can be obtained. However, it is not legally valid to obtain written approval from the worker after the transfer. If the employer performs such an application without the will of the employee, and the employee does not take up work in the workplace belonging to the other employer, the employment contract shall be deemed to have been terminated by the employer.

2-Form Of Transfer Agreement:

In the 3rd paragraph of Article 205 of the law No. 6098, which contains regulations on the transfer of the contract in general; “the validity of the transfer of the contract depends on the form of the transferred contract.”the provision is contained in.

Article 429 of the Code of Obligations No. 6098 did not introduce any regulation on the form of the transfer of service contract. In addition, if the written consent of the worker for the transfer of the service contract is required to be obtained during the transfer, the written realization of the contract is a condition of validity. Except for the relevant matter, the contract is not necessarily required to be made in writing. The transfer may also be carried out with the verbal or even tacit agreement of the transferee and the transferee.

On the other hand, it is important for the transfer agreement to be made in writing, to prevent future disputes and to prove law.

LEGAL CONSEQUENCES OF THE TRANSFER OF THE SERVICE CONTRACT

With the transfer of the service contract, the working relationship between the employee and the transferred employer ends. However, the employment contract continues without an interruption with the new employer. Therefore, the termination of the contract and the establishment of a new business relationship is not an issue. In this way, the employer’s senior workforce needs are met by maintaining the continuity of the working relationship without facing termination results and without losing the rights of the employee due to the term of retirement. The transfer of the service contract and all rights and obligations under the contract are transferred to the employer who takes over without any change.

With the transfer of the service contract, since the working relationship between the transferred employer and the employee has ended, the transferred employer has no responsibility for any receivables and debts after the transfer date. The owner of the rights and debts arising from the transfer date is the employer who inherits the party to the contract.

However, there is no legal regulation regarding the determination of liability in respect of Labour receivables born but unpaid during the period of the transferred employer. For this reason, transfer of receivables the transferor and the transferee until the date of the employer responsibilities for the workplace, to regulate the transfer, Article 6 of Law No. 4857 of the Labour Law No. 1475 and the provisions of Article 14 repealed as a result of the applicable applied by analogy are evaluated to determine. The transferred employer must be responsible for the debts arising in his / her period with the transferred employer, as in the transfer of the workplace, for a period of two years. In terms of severance pay, there is also co-liability. However, in accordance with Article 14 of the law No. 1475, the liability of the transferred employer arising from the severance pay entitled to his term, the statute of limitations period stipulated in the law is 10 years.