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ARTICLE · 23 APRIL 2024

İşletmesel Kararlarin Yargisal Denetimi

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İşverenin, işletmesel karar ile işçinin iş akdini feshettiği durumlarda muhakkak "işletmenin, işyerinin veya işin gereklerinden kaynaklanan sebeplere" dayanması gerekmektedir.

TurkeyEmployment and HR
Fatma Nur ZABUN BAYAZIT
Fatma Nur ZABUN BAYAZIT
Ece NART
Ece NART
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ÖZET

İşverenin, işletmesel karar ile işçinin iş akdini feshettiği durumlarda muhakkak “işletmenin, işyerinin veya işin gereklerinden kaynaklanan sebeplere” dayanması gerekmektedir. Feshin tutarlılık, keyfilik, ölçülülük denetimlerine tabi olması aranır. İşletmenin, işyerinin veya işin gereklerinden kaynaklanan sebeplere dayandırılarak yapılan fesihlerde yargısal denetim yapılabilmesi için işletmesel kararın var olması şarttır. İşletmesel kararın denetim süreci sonucunda işverenin işletmenin ihtiyaçları doğrultusunda kararının tutarlı olup olmadığı, keyfi davranış sergileyip sergilemediği, feshin son çare ilkesine uygun yapılıp yapılmadığı, feshin kaçınılmaz olup olmadığı yahut feshin geçerli olup olmadığı ortaya çıkacaktır.

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