139 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ his/her heirs, and in other cases, he/she himself/herself may apply for the joint liability of both employers.78 D. Transfer of Employment Contract 1. In General Unlike the provisions on the temporary transfer of the employee and the transfer of the workplace, there is no provision on the transfer of the employment contract in the Labor Law. The transfer of the employment contract is addressed in Article 429 of the Turkish Code of Obligations titled “transfer of the contract”. Accordingly, the employment contract may be transferred to another employer with the written consent of the employee (Art. 429/1). Upon the assignment of the contract, the assignee becomes the employer party to the contract with all rights and obligations. In terms of the rights based on the length of service of the employee, it is necessary to act according to the date of employment with the transferor employer (Art. 429/2). The transfer of the employment contract may be made by a unique legal transaction in which the transferor, the party remaining in the contract and the transferee participate, or it may occur with the consent of the employee to a contract previously concluded between the transferor and the transferee employer.79 The law states that the written consent of the employee shall be sought for the transfer, but there is no explanation as to the time interval in which the consent must be obtained. However, it should be accepted that the written consent must be sought at the time of the transfer, since it is a transaction that may lead to unfavourable situations such as the transfer of the employee to an employer who is financially very weak or the employee starting to work in a workplace that is not covered by job security.80 Considering the fact that the consent is sought at the time 78 Mollamahmutoğlu/Astarlı/Baysal, p. 280; Özkaraca, p. 345. 79 Ercüment Özkaraca, İş Sözleşmesinin Devri (Sözleşmenin Devri), İş Hukukunda Yeni Yaklaşımlar, On İki Levha Yayınevi, İstanbul 2014, p. 120. 80 For the dissenting opinion see Efe Yamakoğlu/Eda Karaçöp, “6098 sayılı Türk Borçlar Kanunu’nun Hizmet Sözleşmesine İlişkin Hükümleri ve İş Kanunu ile İlişkisi”, Legal İHSGHD, Y. 2013, Issue. 38, p. 12; For evaluations regarding the nature of the written form requirement, see. Özkaraca, Sözleşmenin Devri, p. 121 et seq.
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