ÖHDR603 Limitation of the Employer's Right of Termination by ContractsIstanbul Okan UniversityDegree Programs Doctorate of Private LawGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational Qualifications
Doctorate of Private Law
PhD TR-NQF-HE: Level 8 QF-EHEA: Third Cycle EQF-LLL: Level 8

General course introduction information

Course Code: ÖHDR603
Course Name: Limitation of the Employer's Right of Termination by Contracts
Course Semester: Fall
Course Credits:
Theoretical Practical Credit ECTS
3 0 3 8
Language of instruction: TR
Course Requisites:
Does the Course Require Work Experience?: No
Type of course: Department Elective
Course Level:
PhD TR-NQF-HE:8. Master`s Degree QF-EHEA:Third Cycle EQF-LLL:8. Master`s Degree
Mode of Delivery: Face to face
Course Coordinator : Dr.Öğr.Üyesi ELİF SEDA GÜRKAN
Course Lecturer(s):

Course Assistants:

Course Objective and Content

Course Objectives: İt is aimed to examine the general principles of protecting the employee against termination through employment contracts in Labor Law,
Course Content: In employment contracts, the protection of the employee against termination and in this context, the limitation of the employer's right to termination by contracts and the sanctions for non-compliance with the limitations regarding termination will be examined.

Learning Outcomes

The students who have succeeded in this course;
Learning Outcomes
1 - Knowledge
Theoretical - Conceptual
1) Learn about the general framework of protection against termination.
2) Learn about the limitation of the employer's right to termination through contracts in Comparative Law.
3) Learn the sanctions for not complying with the restrictions regarding termination.
2 - Skills
Cognitive - Practical
3 - Competences
Communication and Social Competence
Learning Competence
Field Specific Competence
Competence to Work Independently and Take Responsibility

Lesson Plan

Week Subject Related Preparation
1) Sharing the course syllabus and providing information about the course
2) The concept of protection against termination and the justification for limiting the employer's right to terminate
3) General framework of the employer's right to terminate
4) Limitation of the employer's right to termination to individual employment contracts
5) Implicit limitation of the right of termination
6) Limitation of the right to termination by collective labor agreement
7) Limitation of the right to termination by collective labor agreement
8) Limitation of the right to termination by collective labor agreement in Comparative Law
9) Sanctions for Failure to Comply with Termination Restrictions
10) Sanctions for Failure to Comply with Termination Restrictions
11) Review of judicial decisions
12) Review of judicial decisions
13) Review of judicial decisions
14) General repetition

Sources

Course Notes / Textbooks:
References: • Öner Eyrenci, Savaş Taşkent, Devrim Ulucan, Esra Baskan, İş Hukuku, Beta Yayınevi, 2021.
• Sarper Süzek, İş Hukuku, Beta Yayınevi, 2021.
• Ömer Ekmekçi/Esra Yiğit, Bireysel İş Hukuku, On İki Levha Yayınevi, 2023.
• Nizamettin Aktay/Olgu Özdemir Ertürk, Toplu İş Hukuku, Seçkin Yayınevi, 2024.
• Melda Sur, İş Hukuku Toplu İlişkiler, Turhan Kitabevi, 2024.
• Ömer Ekmekçi/Esra Yiğit, Toplu İş Hukuku, On İki Levha Yayınevi, 2024.
• Dijital İş Hukuku Uygulamaları, Ed. Prof. Dr. Saim Ocak, Adalet Yayınevi, 2024.
Hande Bahar Aykaç, İşverenin Fesih Hakkının Sözleşmelerle Sınırlandırılması,On İki Levha Yayınevi, 2020.

Course-Program Learning Outcome Relationship

Learning Outcomes

1

2

3

Program Outcomes
1) Gaining the ability to recognize, analyze, and scientifically characterize the concepts, institutions, and methods specific to private law and its sub-disciplines.
2) Developing innovative and effective solutions for legal practice by synthesizing theoretical and practical knowledge.
3) Effectively utilizing expertise-level knowledge of private law and its sub-disciplines in theoretical and practical fields by systematically analyzing it
4) Developing new ideas and methods by using advanced mental processes such as creative and critical thinking, problem-solving, and decision-making in the field of private law and its sub-disciplines.
5) Acquiring the ability to produce functional and effective solutions to problems arising from legal theory and practice that directly impact social life, through an interdisciplinary approach.
6) Actively participating in national and international projects and designing and implementing innovative projects.
7) Gaining the competence to generate original ideas and research and effectively expressing the results both verbally and in writing, using academic language.
8) Following current information and developments in the field from both local and foreign sources, and analyzing, evaluating, and applying this information through a systematic approach.
9) Publishing academic papers at national and international levels related to the field and presenting original papers at scientific conferences.
10) Gaining the competence to apply and develop knowledge and skills acquired in private law and its sub-disciplines while adhering to professional and academic ethical principles.

Course - Learning Outcome Relationship

No Effect 1 Lowest 2 Low 3 Average 4 High 5 Highest
           
Program Outcomes Level of Contribution
1) Gaining the ability to recognize, analyze, and scientifically characterize the concepts, institutions, and methods specific to private law and its sub-disciplines. 5
2) Developing innovative and effective solutions for legal practice by synthesizing theoretical and practical knowledge. 5
3) Effectively utilizing expertise-level knowledge of private law and its sub-disciplines in theoretical and practical fields by systematically analyzing it 5
4) Developing new ideas and methods by using advanced mental processes such as creative and critical thinking, problem-solving, and decision-making in the field of private law and its sub-disciplines. 5
5) Acquiring the ability to produce functional and effective solutions to problems arising from legal theory and practice that directly impact social life, through an interdisciplinary approach. 5
6) Actively participating in national and international projects and designing and implementing innovative projects. 4
7) Gaining the competence to generate original ideas and research and effectively expressing the results both verbally and in writing, using academic language. 5
8) Following current information and developments in the field from both local and foreign sources, and analyzing, evaluating, and applying this information through a systematic approach. 5
9) Publishing academic papers at national and international levels related to the field and presenting original papers at scientific conferences. 4
10) Gaining the competence to apply and develop knowledge and skills acquired in private law and its sub-disciplines while adhering to professional and academic ethical principles. 5

Learning Activity and Teaching Methods

Expression
Individual study and homework
Homework
Problem Solving
Q&A / Discussion
Case Study

Assessment & Grading Methods and Criteria

Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing)
Homework
Presentation
Case study presentation

Assessment & Grading

Semester Requirements Number of Activities Level of Contribution
Presentation 1 % 40
Final 1 % 60
total % 100
PERCENTAGE OF SEMESTER WORK % 40
PERCENTAGE OF FINAL WORK % 60
total % 100

Workload and ECTS Credit Grading

Activities Number of Activities Duration (Hours) Workload
Course Hours 14 3 42
Presentations / Seminar 1 40 40
Final 1 60 60
Total Workload 142