YARGITAY KARARLARI IŞIĞINDA İŞE İADE KARARI SONRASI İŞÇİNİN BAŞVURUSU VE İŞVERENİN DAVETİNDE “SAMİMİYET” OLGUSU

As a result of the organisation of job security regulations and specifically, of reinstatement claim in Labour Act no. 4857, in order to provide protection against unfair dismissal, the conduct of parties following the jurisdiction of the competent labour court will be determinant. In this context, assessment of whether the parties have behaved in accordance with the principle of good faith, is crucial. In this study, firstly, the general principles of job security system in Labour Act, its definition, purpose, conditions and application will be explained. Then, the procedure and consequences of reinstatement claim within regulations of job security will be examined. The jurisdiction of labour court over the dispute, does not give right to reinstatement unless the parties fulfill requirements defined by the Labour Act. These requirements are the employee’s application to the employer in order to be re-employed, the employee’s invitation to the employee in order to re-employ and finally, the reinstatement of the employee. The notion of “sincerity” in all this procedure -in the conduct of the parties- affects directly the consequences of the jurisdiction. Therefore, the decisions of the Court of Cassation are determinant in the application of this notion and will be considered in relation to specific cases and doctrinal approaches.