In practice, the transferring shooter can offer enhanced protection to facilitate workers` agreement. The agreement between the three parties should be drawn up with caution, in accordance with Turkish legislation. If two employers conclude a framework service agreement allowing the transfer of an employee, two conditions would allow employer B to establish an employment relationship with the new employee: the contemptuous and the purchaser are jointly and severally liable for all dismissals resulting from the transfer. If you find that your working conditions have deteriorated or will deteriorate as a result of the transfer, you have the right to resign and demand unfair dismissal. In the event of a transfer of assets considered as a transfer of business, all the obligations arising from the employment contracts concluded by the contemptuous with his collaborators are assumed by the purchaser after the transfer. Employment contracts with the purchaser continue and the workers retain their activity with the heir`s beneficiary and the rights derived therefrom. Therefore, when carrying out the transfer, all employees are automatically transferred to the buyer, without it being necessary, for this purpose, to obtain the written consent of the employees (in case the entire company is transferred). If there is only one use of personnel without transfer of holdings or assets, the written consent of the delegated staff shall be obtained. Without this consent, the worker may terminate the employment relationship with the right to compensation. Turkish legislation does not contain specific requirements as to when and how a notification must be sent to staff. However, it is of course advisable that the contemptuous person informs the staff in writing of the planned transfer before the relocation is concerned. If the employees do not object to the transfer of their employment contracts, the purchaser becomes his new employer after such notification, with effect from the spin-off activity. These rules do not apply to transactions in shares or to the transfer of an undertaking where the contemptuous is subject to liquidation proceedings (insolvency proceedings).
The rights of the transferred worker are protected by Turkish law as follows: the „transfer of employment“ is relevant for mergers and acquisitions, transfers of assets involving the transfer of employment. Such a transfer of employment must be based on a legal transaction for the article to be applicable. This would apply, for example, when a factory is sold and employee consent is not required to transfer their employment contracts to the new owner of the plant. Companies should take the time to clearly define when and how employee contracts are handled during a transfer. How employees transition to their new entity and the allocation of liabilities arising therefrom should be expressly defined in an agreement between the seller and the buyer. If a worker objects to the transfer, his employment contract is deemed to be terminated at the end of his notice period. In this case, the worker receives his salary arrears and other rights at work (for example. B annual leave entitlements, bonuses, bonuses, etc.). The TCC remains silent on whether or not, in the event of termination, employees are entitled to severance pay. . . .