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interpretation in favor of employees is applied more strictly as the job
security provisions are eliminated by the abrogation agreement.
“The abrogation agreement is not regulated under Turkish
legislation. It is stated in a decision of the Court of Appeal
that due to the freedom of contract doctrine it is possible to
terminate a legal relation, and the parties are able to terminate
the contractual relationship in a way other than the ordinary
termination. This is defined as abrogation.
The accord of the intentions of employee and employer on the
termination is not a termination of a party. The abrogation
agreement is concluded when a party has communicated to the
other a declaration concerning the conclusion of an agreement
related to the mutual termination of the employment agreement
(offer) and when the other party accepts this offer. However, the
Labor Act does not regulate this type of termination.
The offer in an abrogation agreement aims to terminate the
employment relation through the appropriate intention of the
other party. Therefore, the offer related to the conclusion of an
abrogation agreement cannot be considered a termination and
cannot be converted into a termination.
In this sense, the form of an abrogation agreement, its conclusion,
its scope and validity will be determined pursuant to provisions of
the Code of Obligations. However, termination of an employment
agreement through the abrogation agreement will be interpreted
considering the principle of interpretation in favor of the
employee since it closely concerns labor law.
The provisions of the Code of Obligations concerning defective
intentions regulated in articles 23-31 must be carefully examined
in terms of abrogation agreements. Normally, youwould not expect
an employee to try to benefit from the job securities stipulated for
termination of employment agreements by the employer and to
file a reemployment lawsuit within one month following its offer
or acceptance for conclusion of the abrogation agreement.
It is also necessary to focus on the reasons for termination of the
employment relation through a mutual agreement even though