Türk iş hukuku'nda kıdem tazminatı fonu tartışmaları

Severance pay is a paradoxical problem, from 3008 Act(1936) to 4857 Act(2006), in Turkish Labour Law. It has provided as a right in Turkish Labour Law for 70 years.Firsth regulations were made by 3008 Labour Act in 1936. Second regulations were provided in 1475 Labour Act in 1975 in accordance with 3008 Labour Act. But also it has provided strongly rights than 3008 labour Act.

In the time, there were a lot of new right amended to this Act by law-maker.Those amends had profited two funtion to the severeance pay. One of them was unemployment insurance schame, the second was pay of length of sevice.This two funtion of severance pay was discussed as ajob security in Turkish Labour Law for a long time.But,after adopting new Labour Act no 4857 in 2006, discussion on severance pay get a new appeance. Becouse of adoptting new regulation about job security in accordance with ILO Convention no 158, which restriction labour contract without justification,Competent authority(law-maker) want to provide severance pay without its job security function. But this intention has not got chance to be as a law regulatin.In this period, firstly government perapered a new draft act, which is provided severance pay fund. According to this draft, severance pay is not paid in the all conditions when labour contract terminated,it would be paid only in the contitions of when one of workers retairment. But this draft has not got chance to be an act, yet.

         In accordance of above observation,this study is based on evolation of severance pay fund in Turkish Labour Law.

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Severance pay ,

Severance pay discussion ,

Turkish Labour Law ,