ANKARA (A.A) - 09.08.2002 - Parliament late on Thursday approved Job Security Bill which foresees amendment to Labour Law and the Trade Union Law.
According to the bill, employers who annul the contract of workers who work in the business place for at least six months, must have reasonable basis to do that.
Membership to a labor union or participation in unionist activities before or after work hours, being representative of a labor union in the business place or opening a labor union at the business place and application to administrative or legal authorities against the employer to seek their rights stemming from the regulations or work contract can't be considered reasonable basis of annulling the work contract.
Work contracts can't be annulled due to race, gender, marital status, family responsibilities, pregnancy, religion, political thought and ethnic or social root.
The employer must explain the reason for annulling the work contract in a written document.
The employer should annul the contract in written and should determine the reason of annulment openly and absolutely. The contract of the worker can not be annulled before getting his/her defense. The contract will not be annulled due to the efficiency and attitudes of the worker.
The worker whose work contract is annulled can apply to work court within a month after annulment date of his/her contract by claiming that there is no reason for annulment or the reason does not have a basis.
In case the court decides that the reason shown by the employer regarding annulment of the contract is invalid, the employer will be in a position to employ the worker again within a month. The employer, who does not employ the worker again within a month, should be obliged to pay compensation. This compensation will be total of six months the least, one year the maximum of the salary of the worker.
Under the law, in case the employer wants to annul the contract of the workers as a whole or at least 10 workers, he should inform about this in written one month ago.
The bill will be valid as of March 15, 2003.