Article 6 of the Labor Law No. 4857 has made a regulation regarding the transfer of a workplace or a section thereof.
Transfer of a workplace or a section thereof
Article 6 – When a workplace or a section thereof is transferred to another person based on a legal transaction, the employment contracts existing at the workplace or a section thereof on the date of transfer shall pass to the transferee together with all their rights and obligations.
The transferee employer is obliged to act according to the date the employee started working with the transferring employer in the rights based on the employee’s term of service.
According to the above provisions, in the event of a transfer, the transferring and transferring employers are jointly responsible for the debts that arose before the transfer and are due to be paid on the date of transfer. However, the liability of the transferring employer for these obligations is limited to two years from the date of transfer.
In the event of termination due to a merger or participation of a legal entity or a change in its type, the provisions on joint liability shall not apply.
The transferring or transferring employer cannot terminate the employment contract solely due to the transfer of the workplace or a section thereof, and the transfer does not constitute a just cause for termination for the employee. The termination rights of the transferring or taking over employer necessitated by economic and technological reasons or changes in work organization, or the rights of employees and employers to terminate immediately due to justified reasons, are reserved.
Source: Revenue Administration of Türkiye – Special Note
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