Transfer Of Employment Contracts

The Turkish Labour Code numbered 4857 which entered into force on 10.06.2003 does not have a specific provision regarding the transfer of employees. However, the draft law sent to the Parliament Commission did include an article 7 titled "transfer of employment contracts" in between article 6 "transfer of the work place", and article 8 "secondment". The said draft article regarding the transfer of employment contracts was removed from the Code with the Parliament Commission's decision dated 12.3.2003.

The removed draft article 7 regarding the transfer of employment contracts stipulated that an employer may transfer an employment contract to another employer permanently with the explicit consent of the employee. The second paragraph stipulated that the Transferee Employer must consider the initial date of employment with the Transferor employer in all relevant rights. In other words, the draft article also required the consent of the employee for the transfer.