ABSTRACT

The right to object of employee is a right granted in order to protect employee’s autonomy of will against transfer of the employment contract by law. Normatively in the Turkish law the right to object is only regulated under Article 178 of the Turkish Commercial Code Law No. 6102 and entitled only for structural changes in trading companies. In this study, the answer to the question whether scope of the right to object of employee can be expanded to the events including transfer of undertaking, death of employer, temporary employment relationship and primary employer sub-employmer relationship through case law was sought. While seeking this answer, firstly, the need for the right to object was emphasized and then the development course of the right to object of employee in comparative law was examined. Finally, it was concluded that scope of the right to object of employee can be expanded through implementing the theory of indirect horizontal effect of fundamental rights and teleological reduction of provisions of law