There is no provision on reciprocal withdrawal agreements in Turkish law, but that does not mean that it enjoys unlimited privileges under contractual freedom. It is therefore important to consider the employee`s intentions. Reciprocal termination agreements are discussed in the context of bad intentions in Turkish bond law. Therefore, if the intention is exceeded during the constitutional phase of the agreement or if its intentions and declarations are not respected, it will be reviewed in accordance with Turkish obligation law. Facts such as the party that proposed the reciprocal withdrawal agreement or the position, training and salary of the worker are essential to understand whether the worker could have understood the consequences of the agreement. Keywords: reciprocal withdrawal contract, employment contract, employer, worker, claims on work, reasonable interests, validity of the resignation contract, disability of the Court of Appeal stated that if the proposal for a reciprocal withdrawal agreement comes from the worker and this proposal has no ill intent, there is no need to grant ancillary benefits. In 2017, two awards were awarded, of which a petition for a staff member was first required to propose the reciprocal retraction agreement. The second arbitration award was sufficient to include a clause in the reciprocal retraction contract. It says that the proposal was made by the worker.
It is important to know that resignation is seen as a last resort, which means that it only works in particular situations. Withdrawal cannot be applied simply because the parties involved feel. The termination applies only when necessary, z.B. when: This agreement to revocation of a contract that was concluded on that date – The content of a termination and mutual release agreement is fairly standard and includes: The termination of the contract is the process of terminating the contract or the support of a partnership between two or more persons or companies. By terminating this, the reciprocal retraction contract revokes all existing claims that the parties may have against each other and returns to where they were before the contract. Reciprocal termination or termination of a mutual agreement is a relief of the obligations of a contract between the two parties through a new agreement that was concluded after the execution of the original contract, but before its execution. Resignation by mutual consent is dissociated from the right of one of the parties to terminate or terminate the contract or terminate it, or in accordance with a provision of the contract. Although a breach of contract by one party is not an offer of withdrawal, the other party may view the refusal as an offer it can accept, resulting in a termination of the contract by mutual consent. However, the resignation must be clearly expressed and the conduct of the parties must be inconsistent with the existence of the contract. The fact that some of the materials that were part of the contract were returned is inconclusive if the resignation took place.
In an ideal world, all parties would fully and enthusiastically respect their contractual obligations. Unfortunately, this is not always the case and sometimes, for whatever reason, if the terms of the contract are not respected, both parties can agree that it is time to cancel the agreement.