A public enterprise shall be
transferred with all its assets, including the establishment itself
and its employment matters such as employees and their employment
agreements under Turkish law. In other words, during the
privatization process, an enterprise shall entirely be transferred
to a private organization.
In this article, first of all,
transfer of employment agreements when privatization is not an
issue is explained, and then the transfer due to the privatization
is examined.
Transfer of Employment Agreements According to the Turkish
Labor Law
According to Article 6 of the
Turkish Labor Law, dated May 22, 2003 and numbered 4857
("Law No. 4857"), it is possible to
transfer an enterprise in whole or part to another employer with
its assets including the employment matters. Workplace transfer is
a transaction that changes the employer of the employees who are
working in the relevant workplace. The transfer of an employment
agreement is not specifically
