YEŞİLTEPE, Salih Önder İstanbul Medipol Üniversitesi - Hukuk Fakültesi - Ticaret Hukuku Anabilim Dalı, Turkey

The Commercial Business Nature Of Labor (Job) Contracts, Interest In Commercial Business And The Late Interest That Will Applied To Employee Demands

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The transactions and the actions that are related with a commercial enterprise are indicated as commercial business by Turkish Commercial Code art.3. As per article 2/2 of Interest Law No.3095; the late interest can be charged on the basis of the advance interest rates for commercial businesses. Even if the labor contracts regulated in Labor Law, for the cases thatthere is not a special clause for those, then general terms of law shall be applied. There is not a special clause in Labor Law stating that the labor contracts cannot be deemed as commercial business. Therefore labor contracts related with commercial enterprise must be deemed as commercial business. Having said that, obligations arising from the employee-employer affairs must be deemed as commercial for employer and if the employee claims, the late interest can be applied over the advance interest rate.

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commercial business , commercial enterprise , late interest , advance interest , labor contract

Hukuk Araştırmaları Dergisi

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