346 NEWSLETTER 2021 The Court of Cassation has held that that the release of the employer and the termination of the debt by the employee without having any reason, especially in the absence of full performance, would not be in accordance with the ordinary course of life since the employee who is a party to the employment agreement since the salary and the monetary rights that the employees earn provide the living for them and their families. Release agreements in labor law should be narrowly interpreted due to the importance of labor claims. Therefore, the Court of Cassation considers the performance as the main reason for the termination. Additionally, the Court has also stated that except from the performance of labor claims, quittance should not be accepted as a reason for extinction of debt. For this reason, the Court has held that released agreements which terminate employment agreements should be used sparingly. In light of these issues, the Court of Cassation General Assembly of Civil Chambers (“General Assembly”), in its recent decision numbered 2016/9-2174 E. 2021/36 K., restated that a release agreement concluded in the course of an employment relationship is void.5 The General Assembly indicated that an employee is dependent on the employer during the employment relationship. Although job security provisions are applicable, these release agreements are deemed void, based on the assumption that the employee is compelled to sign the release agreement against their will. in order to continue to the employment relationship if the employment agreement is in effect or to receive the labor claims as soon as possible. 5 https://lib.kazanci.com.tr/kho3/ibb/files/hgk-2016-9-2174.htm.
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