Labour Code-7961

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SETTLEMENT OF DISPUTES Article 170 (1) When one party violates the collective contract, the other party will address to the court or Court of Arbitration, of which the creation is provided by the contract. None of the parties must settle the disputes through self-judgment by any party. (2) When the contract is violated, the court or the Court of Arbitration will decide on imposing the party that has been found guilty to pay the damages caused to the other party. (3) When any member of the contracting party has committed the violation, the court will decide on imposing him/her to pay the damages that the other party or any of its threatened members has suffered. (4) In addition to the damage compensation as defined by the above point, the court will decide on the amount of fine that the party, which has been found guilty, must pay to the benefit of the harmed party, in the cases where this amount has not been set by the collective contract.

EFFECTS ON THE INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 171 (1) The provisions of the collective contract of employment, which govern the working conditions, will directly regulate the individual contracts of employment, which are bound by any employer who has concluded the contract. (2) Any provision of the individual contract of employment, which is less favorable for the employee than the provision of the collective contract, is invalid, and will be substituted for this provision. SETTLEMENT OF CONFLICTS Article 172 The court has the authority to settle any individual or collective dispute concerning the implementation of the contract. DURATION Article 173 (1) The collective contract is bound for a defined or undefined duration. (2) Each party may terminate the collective contract bound for an undefined duration. In this case, the notice deadline extends to six months.

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