Akademik Veri Yönetim Sistemi
Advances in Social Sciences, ULukan Mehmet,Dilber Fadime, Editör, Platanus Publishing, Ankara, ss.383-390, 2024
When we examine the regulations in the Turkish legal system, the primary law governing mutual Obligations is the Turkish Code of Obligations (6098) enacted in 2011. This Code replaced the previous Turkish Code of Obligations (818), which was abrogated. As for the basic legal sources regulating labour relations, the first law we must address is the Labour Law (4857), enacted in 2003. However, there are legal regulations for certain areas that are not covered by the Labour Law. These include the Maritime Labour Law (854) and the Press Labour Law (5953). It should also be explicitly stated that the laws regulating working life are not limited to these alone. Several other laws have been enacted to regulate certain rights of workers. Examples of such laws include the Occupational Health and Safety Law (6331), the Weekly Rest Law (394), and the Law on National Holidays and General Holidays (2429). The Turkish Code of Obligations, based on principles such as freedom of contract and equality between the parties, has proven insufficient in regulating the rights and Obligations of workers in working life. This has led to an increasing need for additional legal sources that specifically address labour relations. Undoubtedly, the liberal approach of the 818 Code of Obligations to working life and its insufficient provisions in favor of workers played a significant role in the enactment of the Turkish Code of Obligations (6098). However, it should first be noted that the Code of Obligations's role in relation to the Labour Laws is to fill in the gaps. The Turkish Code of Obligations, in addition to its innovations compared to the old Code, also contains new rights that are not found within the Labour Law itself. This raises the question of whether employees subject to the Labour Law can benefit from these new rights. To answer this question, it is necessary to examine the relationship between these two laws. Therefore, this study aims to explore the relationship between the Turkish Code of Obligations, the Labour Law, the Maritime Labour Law, and the Press Labour Law, and provide answers to such questions.