Sosyal Plan Kavramı

In this study, the concept of social plan, which is not familiar in a terminological aspect with the Turkish law, is examined also considering Swiss law, which is the source of the provisions regarding the social plan in the Turkish law, and the regulations in German law, which is a leading country in terms of social plan. In the study, the connection between the social plan and the rules of reduction in-force, which has long been applied in Turkish law, the socia,l choice criteria was adopted in judicial decisions for a period, and especially the obligation to meet with workplace union representatives within the scope of collective dismissal are emphasized. In addition, the legal nature of the social plan, which can be quite similar to a collective bargaining agreement, is determined. Also, the measures that can be taken in the social plan to prevent, reduce or mitigate the negative consequences of dismissals and the limits of these measures are evaluated. As a result, considering its function in working place and contributions to working environment peace it is recommended to organize a social plan as a legal obligation in workplaces where collective dismissal is planned and where a certain number of workers are employed.