DOES EMPLOYERS' BREACH OF AN EMPLOYMENT CONTRACT REQUIRE A PRISON SENTENCE?

DOES EMPLOYER BREACH OF AN EMPLOYMENT CONTRACT REQUIRE A PRISON SENTENCE?

According to the Turkish Penal Code No. 5237, “A person who violates the freedom of work and labor by using force or threats or by other unlawful conduct shall be sentenced to imprisonment from six months to two years or a judicial fine, upon the complaint of the victim” (art. 117/1). Breaches of an employment contract also constitute unlawful conduct. In this respect, individual employers, and in cases where the employer is a legal entity, specific employers acting on behalf of the legal entity, are subject to imprisonment or a judicial fine at the discretion of the judge.