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employment terminated by abrogation while conducting an appellate
review, the same principles have been repeated in various decisions.
“
In spite of the fact that each party can terminate the employment
relationship with a dissolving constitutive declaration, the
reasons for not making this choice and terminating by mutual
consent should be emphasized. Even though examples concerning
cases in which the employment agreement was terminated by an
abrogation agreement were never reflected in practice, after the
job security clauses entered into force, especially after Labor Act
no. 1457, they became widespread.
At his point, the suspicion concerning the elimination of the job
security clauses by the employer by disguising the termination
by the employer as a mutual agreement can arise. In this respect,
whether the parties have a reasonable interest in concluding an
abrogation agreement besides the defective intention control
should be examined. Reasonable interest criteria should be
handled by taking into consideration whether the offer concerning
the conclusion of an abrogation agreement was made by the
employer or the employee, and the characteristics of the current
case.
Not only is an employee whose employment agreement has
been terminated by an abrogation agreement deprived of job
security, but he or she is not entitled to notification and severance
compensation, which are the rights connected to the termination.
Furthermore, the employee will not be able to benefit from
unemployment insurance within the scope of Act no. 4447. All
these issues justify the need to interpret in favor of the employee
on the point of the validity of the abrogation agreement as the
principle of strict interpretation is a rule in labor law for release
contracts.
The parties might also stipulate in abrogation agreement the
notification, severance, and job security compensation, as well
as the payment regarding the time without any employment
and some or all of the other rights. The validity of abrogation
agreements will be evaluated considering all these points.
”