The dispute between the parties stems from a contract concluded in 2005, which Plaaskem intended to terminate in writing in 2010. Plaaskem`s alleged termination of the contract by written termination was rejected by Nippon Africa as ineffective, given that, according to Nippon Africa, the contract did not provide for an implied period of time for it to be terminated with a reasonable period of time. Plaaskem justified the fact that the contract contained a tacit, alternatively tacit provision that the contract could be terminated within a reasonable time. Any job means that an employee can be fired at any time without notice – and the burden of identifying a just reason. This type of agreement means that a worker and an employer are not required to do with the other in the long term and that hiring workers is much cheaper than for permanent employment. The reality is that, for one reason or another, most employment relationships end at one time or another, and that contract you`ve signed can be very important proof if you`re terminated for no reason. In addition, the circumstances that led to your employment may also be important in the event of a subsequent dispute. This is especially true if you have not signed a written employment contract and only have one oral agreement, which is never prudent. If you have been dismissed for no reason, you should be particularly careful whether your job is permanent or temporary. That`s a good question. If you ask for this, it means you`ve probably realized that undeified doesn`t mean permanent. They are still threatened with dismissal when external funding expires.
So what`s the point? On the other hand, to be able to benefit from the provisions relating to social security, it is necessary to have a service listening period of at least 6 months. If a fixed-term contract has been concluded consistently without substantial reason, it becomes from the outset a contract of indefinite duration and, consequently, the beginning of the six-month period of work begins from the date of recruitment of the worker. Working directly with an expansion partner can help you deal with your company`s various legal requirements and compliance. To get help in contract development during global expansion, you work with a local expert who understands the pros and cons of your new country`s labor laws. It goes without saying that a fixed-term contract will end at the end of the agreed period. However, the parties may also agree to inform each other during a given period prior to the expiry of the fixed-term employment contract. On the other hand, the renewal of the employment contract, despite the end of the duration of the contract, should continue the actual service and the intention to continue the employment contract. vThe contract concluded between an employee and an employer is concluded at the beginning of an actual performance of the worker. The fixed-term contract may also be terminated before it enters into force. In this case, if a penalty clause has been agreed in the contract, the amount of the penalty clause should be paid to the other party.
However, the penalty clause should not be defined unilaterally in this type of contract. In a decision on the penalty clause, the Supreme Court unilaterally stated against the worker in the employment contract: «The applicant had started working for the defendant under the fixed-term employment contract concluded for the period from 16.10.1989 to 16.10.1991. The applicant filed an application of 07.08.1990 and indicated that he would terminate an employment relationship on 7.09.1990 and that he would leave work that day. The complainant employer filed an appeal to recover the amount of TL 10,500,000 penalty clause of the defendant. The appeal was accepted with precision by the court and the decision was pronounced. Indeed, in accordance with Article 3 of the contract, the defendant was agreed to pay the employer TL 10,500,000 penalty clause if he terminates the work with his own consent, but there was no provision in the contract on the penalty clause that the employer must pay to the worker if the contract was terminated by the employer without valid reason. . . .