İş Sözleşmesinde İmkansızlık

Abstract

The elements sought to be able to talk about an employment contract; it can be listed as performing a job, being paid for the job, and working dependent on the employer. In accordance with the dependency element of the employment contract, the worker performs the act of working in accordance with the orders and instructions received under the authority of the employer. Therefore, in this relationship, the existence of a situation different from ordinary, private law relationships emerges. Indeed, in the employment contract, the worker feels the employer's authority as a result of the dependency element. On the one hand, there is the worker who works with his labor, on the other hand, there is the employer, who is a financially strong person. In the face of this situation, the principle of protecting the worker, who is in a relatively weak position in the contractual relationship, has been adopted. As a result of this principle, the necessity of evaluating and examining the appearance of the concept of "impossibility", which we can describe as the concept of Law of Obligations, in the employment contract has arisen. Especially recently, with the changing business conditions with the COVID-19 epidemic, teleworking, working from home, etc. In cases where there is no element of dependency in the classical context in terms of labor law in types of work, the necessity of examining the impossibility of performance also arises.