ADAPTATION OF LABOUR CONTRACT IN TURKISH LAW
TÜRK HUKUKUNDA İŞ SÖZLEŞMESİNİN UYARLANMASI

Author : Elif ŞEN
Number of pages : 543-558

Summary

As a rule, parties must fulfill their obligations after the contracts are concluded validly. This is a requirement of pacta sunt servanda. However, as a result of unexpected and unpredictable extraordinary changes that take place following the conclusion of the contract, it may be inequitable to put the parties under obligation to fulfill their actions exactly. In such cases, obeying pacta sunt servanda does not produce fair results. For this reason, it is necessary to accept the adaptation of the contract to changing circumstances. Particularly in contracts that establish a perpetual loan relationship, the need to adapt the contract arises. Labour contract is also one of the perpetual loan relationships. Although there is a general regulation on the adaptation of the contract in the new Turkish Obligations Law, there is no specific regulation in terms of the labour contract. For this reason, it is necessary to examine the adaptation of labour contract. Before the adaptation of labour contract, it is necessary to mention the adaptation of the contract according to the general provisions. Thus, these provisions will be applied to labour contract as soon as appropriate

Keywords

Changing Circumstances-Adaptation-Labour Contract- Pacta Sunt Servanda -Unexpected Case

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