Legal Characteristic of Labour Transfers Made Within the Scope of Privatization of State Economic Enterprises

Abstract

Voluntary transfer of contract is a procedure, which provides change of contract by employer and continuity of contract. Although there is no regulation in Code of Obligations (No. 818), Turkish Code of Obligations (No. 6098) regulates voluntary transfer of contract. In this study, the effects and outcomes of voluntary transfer of labor contract in terms of grantor and grantee employers are explained. To enlighten the subject, firstly the topics of transfer of contract, transfer of contract by law and voluntary transfer of contract will be enlightened, after then labor turnovers within the scope of public privatization will be explained. Employees working in public body workplaces are transferred to other public enterprise workplaces within the scope of privatization. This situation cannot be accepted as voluntary transfer of contract because of source of transfer of employee arisen from legal obligation. As a result of abolishment of employee status of employee in time of transfer to another public enterprise, it will be impossible to mention transfer of labor contract.