In addition, income received or not received by the employer of another job is deducted from compensation. However, the precedents and doctrine of the High Court of Appeals do not contain any indication as to how to determine compensation13. Certainly, the teaching indicates that the burden of proof rests with the employer with respect to the amount to be deducted under section 6 of the civil law; In the precedents of the High Court of Appeals, it is stated that the Ex-Officio Tribunal must verify, without the parties` request, whether reasonable deductions from section 438 TOL14 compensation are available. The High Court of Appeals for the 9th Circuit also decided that the wages earned by the worker before the end of the fixed-term employment contract must be deducted from the worker`s remuneration15. Accordingly, the court will consider whether the worker is looking for another job or has already acquired a salary from another job after the termination of the fixed-term employment contract as part of his ex-officio examination16. In summary, fixed-term contracts are of an exceptional nature, as they weaken the position of a worker who cannot benefit from the occupational safety provisions for workers working on indeterminate contracts under the Labour Act. This is why the Labour Act and the TOL, as well as the precedents of the High Court of Appeals, continue to be interpreted in favour of the employee in order to ensure the protection of workers by limiting fixed-term contracts. Under section 438 DU TOL, if the employer resigns from a fixed-term contract without physical cause, the worker may claim compensation equal to the amount he may have acquired until the expiry of the employment contract. Although the employer`s net salary is taken into account under Swiss law, as well as all claims paid to the worker for the calculation of the remaining claims, Turkish law requires that only the worker`s net salary be taken into account12. Contrary to the terms of labour law, the employment contract is considered an employment contract for a specified period of time if it is assumed that the contract is no longer valid, that there is no objective condition, that time is not clearly stated or that there are no unforeseen events, that the contract is not written, that the worker is not informed of the fixed term and that there is no definition of the place of work in the contract.
In the human resources department, a restrictive pact is a clause that prohibits a worker from seeking an investment with his former employer after a company/organization has left the company until a certain period of time. A restrictive alliance began as a legal term to govern landowners. It was about how to use and develop land. Description: Non-compete contracts that terminate a declaration in the event that the employer terminates the fixed-term employment contract for the specific reason specified in section 25 of the Labour Act, payment instead of dismissal is not negligible, as it is not necessary to respect a notice if there is a justified reason for immediate termination11.