BİREYSEL İŞ HUKUKUNDA GENEL İŞLEM KOŞULLARI VE DENETİMİ

Abstract

Contracts containing general terms, the use of which became widespread with the Industrial Revolution, not only facilitated the working life, but also revealed the need to protect the other party of the contract due to the power imbalances that exist between the contracting parties. The general terms are defined between Articles 20 to 25 of the Turkish Code of Obligations. These conditions are also applicable to all employment contracts. General labor terms refer to the application of general terms in the contractual sources of labor law. These contractual sources of labor law include collective bargaining agreements, employment agreements, type employment agreements, internal regulations, and workplace practices. It is important to regulate the general working conditions that are widely used in employee-employer relations in favor of employees. It is important to control the general labor terms, which are widely used in employee-employer relations, and to protect the worker against these terms. In this study, due to the fact that the general labor terms are regulated in a general law, the problem of compliance, use and supervision of its provisions with the purpose and spirit of the Labor Law is discussed.