Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/67917
Title: The interpretation principle in favour of the employee in the Turkish individual labour law
Authors: Barin, Nurgul Emine
Keywords: Labor laws and legislation -- Turkey
Labor laws and legislation -- Interpretation and construction
Employee rights -- Turkey
Issue Date: 2018
Publisher: Governance Research and Development Centre, Croatia & University of Malta, Faculty of Economics, Management and Accountancy, Department of Insurance
Citation: Barin, N. E. (2018). The interpretation principle in favour of the employee in the Turkish individual labour law. Journal of Corporate Governance, Insurance and Risk Management, 5(2), 15-26.
Abstract: The application of the law in terms of meaning is called interpretation. If there is doubt or conflict in determining the meaning of a legal rule or contract, or if there is a gap in the law, interpretation becomes inevitable. There are many methods of interpretation in general law. However, based on the principle of protecting the employee in labour law, the principle of "interpretation in favor of the employee ", which is a special form of interpretation, has emerged. In the study, the place and application of this method in individual labour law are discussed. While examining the principle of "interpretation in favor of the employee" examples from relevant judicial decisions are given. It is understood that the principle of interpretation in favor of the employee has turned into a settled form of interpretation with judicial decisions in labor law. In the study, it was revealed that there are factors and boundaries that should be considered while applying this interpretation method. Conclusions: As a result of the study, it is understood that the principle of interpretation in favor of the employee, which emerged as a result of the obligation to protect the employee who is weak against the employer, is widely applied in the courts. But, making decisions that disrupt the delicate balance between the employee and the employer by completely ignoring the general principles of the law will prevent the realization of the purpose expected from this method of interpretation. In the article, the factors that should be taken into consideration while applying the principle of "interpretation in favor of the employee" are also examined.
URI: https://www.um.edu.mt/library/oar/handle/123456789/67917
ISSN: 2757-0983
Appears in Collections:JCGIRM, Volume 5, Issue 2, 2018

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