ANKARA, Feb 14 (A.A) - The job assurance bill which foresaw amendment in the labour law and trade union law, was presented to the Parliament Speaker's Office on Thursday.
Acccording to the bill, the employer who terminates the contract of an employee who has been working there for at least six months, must have a valid reason to do that.
The participation of an employee in the activities of trade unions (not during office hours), being the representative of trade union in the office, applying to the court to protect his-her rights stemming from the laws and labour contract won't be regarded as a reason to terminate his/her contract. The labour contracts won't be terminated due to differences of race, colour, gender, religion, marital status, family obligations, pregnancy, political views, ethnic and social origin.
The employers will be obliged to notify the termination of the labour contract in written form and clearly state the reason of the termination of the contract. The contract of an employee can't be terminated without listening to the defense of an employee in return to claims against him/her.
The employee whose contract has been treminated, has to apply to labour court within one month claiming that he/she was not informed about the reason of termination of his/her labour contract or claiming that the reason of the termination can't be valid. It will be the employer who will be responsible to prove that the termination of the employee's contract is based on a valid reason. The case will be concluded within two months. If one of the sides appeals the case, the Supreme Court of Appeals will take a decision within one month.
If the court decides that the reason of the employer in terminating the labour contract is not valid or no reason was given by the employer, the latter has to re-admit the employee to within one month. If the employer does not do that, he/she will be obliged to pay compensation to the employee.
The job assurance bill also foresees employers who want to dismiss more than one employee, the obligation to notify this to the Turkish Employment Agency. If the employer wants to dismiss the labour contracts of at least ten workers, he/she has to notify this to the trade union and Turkish Employers Union 30 days in advance.
If the employer terminates the labour contract of the trade union representative only due to the latter's acitivities regarding trade union, he/she will be obliged to pay compensation.