140 Cases of Joint Liability Arising from Occupational Accidents of the transfer even in temporary employment relationship, reaching a different conclusion would not be compatible with the logic of law.81 With the transfer of the employment contract, the employer party to the contract changes, but there is no change in the terms of the contract.82 With the transfer, all rights and obligations arising from the employment contract with the title of being a party are assumed by the new employer. As a result, the contractual relationship between the transferor employer and the employee ends.83 2. Joint Liability in Transfer of Employment Contract The legislator has not explicitly regulated joint liability in the transfer of the employment contract. In this respect, Article 429 of the TBK leaves unanswered the question of whether the transferor employer continues to be jointly liable with the transferee employer for debts arising on a date prior to the transfer of the employment contract. By its nature, the transfer of the employment contract transfers all rights and obligations arising from the employment contract to the transferee employer and releases the transferor employer from liability.84 As a result of this transaction, the transferee employer remains as the sole addressee in terms of all receivables and debts and succeeds to the rights of the transferor employer. Here, the assignee assumes the legal status of the transferor employer as a whole.85 Due to the nature of the transfer of the contract, the transferee employer becomes liable for all debts arising in the period before the transfer of the contract.86 81 Süzek, p. 330. 82 Mustafa Alp, “İş Sözleşmesinin Devrinde Bazı Sorunlar”, DEÜHFD, Vol. 9, Special Issue, Y. 2007, p. 193. 83 Çelik/Caniklioğlu/Canbolat/Özkaraca, p. 310; Nurşen Caniklioğlu, Türk Borçlar Kanunu- İş Kanunu İlişkisi ve Türk Borçlar Kanunu’nun Bazı Hükümlerinin İş Kanunu Açısından Değerlendirilmesi, 10. Yılında İş Kanunu Semineri, 15 November 2013, İstanbul 2014, p. 78; Özkaraca, p. 114; 84 Özkaraca, Sözleşmenin Devri, p. 133. 85 Eren, Genel, p. 1392. 86 Şeref Güler, “İş Sözleşmesinin Devrinde Müteselsil Sorumluluk”, İMHFD, Vol. VI, Issue 11, 2021, p. 215.
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