In addition, reciprocal termination agreements containing terms such as “all rights reserved” are considered invalid. The Court of Appeal found that if the proposed mutual withdrawal agreement came from the worker and that this proposal did not imply an erroneous intention, ancillary benefits should not be granted. In another case, the worker agreed to leave his job on the condition of a 6-month salary. He added the phrase “all legal rights reserved” in his petition. The Court of Appeal set aside the reciprocal withdrawal contract and declared that the employment contract was terminated by the worker without dismissal, so that the dismissal was not valid. Twenty-two second civil chambers also have similar case law. 2. The parties to this contract and reciprocal withdrawal agreement intend to terminate this contract. The intentions of the parties during the reciprocal suspension agreement are examined within the framework of Turkish obligation law. If the intentions and statements are not parallel and the intent has overflowed, it will be verified. When an employer intends to escape the security provisions and prevent reinstatement action, the mutual withdrawal contract is considered a unilateral termination of the employer. According to the Court of Appeal, if there is uncertainty as to the validity of the reciprocal retraction agreement, the interpretation will be made on behalf of the worker.
The abandonment of existing rights or obligations in THE COURSE OF PERFORMANCE depends on the intention of the parties as to how they arise from all the facts and circumstances concerned and whether the parties have reserved themselves for those rights. However, recovery may be allowed for partial power. The right of withdrawal is limited to parties or persons legally entitled to act for them. As with other treaties, the parties to the withdrawal agreement must be mentally competent. 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. This action can be carried out by executing a reciprocal termination of the contract and the release. If the worker reserves the right to assert a right of restitutio integrum in the petition appeal, it should be considered that the withdrawal contract is considered a mistrial and that the employment contract is not terminated with the common will of the parties. Bad intent can occur in three ways: through coercion, fraud and errors.
In one case in 2017, an employer risks an employee, unless he signs the reciprocal withdrawal contract whose children will no longer be hired by the employee and whose rights will not be paid. The worker filed a complaint and claimed that it had been made by his employer. However, the twenty-second civil chamber of the Court of Appeal found that there was no sign of coercion in the case. Under the thirty-seven and thirty-eight articles of Turkish bond law, a threat, which must be considered a constraint, must create serious pressure, break the law and is likely to occur. In this article, fear must also be a causal relationship with the resignation agreement that must be signed.