Browsing by Author "Adal, Zeki M."

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  • Publication
    İnsan Kaynakları Yönetiminde İşgören Seçiminin Hukuki Boyutu
    (2016) Adal, Zeki M.
    Therecruitment processwhichhas an important placein HumanResource Management consistsof varioussteps.By askingquestions andcollecting information fromthe candidates in all stagesof the processemployers havethe rightandfreedom to decide whomtheyhire.On the otherhand,givingthe necessary information requested from him,the candidate triesto protecthis personal rightsanddoesn'twantto be subject to anydiscrimination. Thustheserightsof the twopartiesposea contrast. In orderto protecttheserightsbothpartiesassumeobligations towardseachother.Thisobligation is called "obligation to protect". As set out in the TurkishCodeof Obligations andTurkish Codeof CivilLaw,"obligation to protect" meansthatbothpartiesact to eachotherin mutual trust and good faith. Apartfromthisobligation theemployer hasanother obligation whichis called nondiscrimination andequaltreatment. İn theselection processemployers haveto abstainfrommakinganydiscrimination regarding race,language, religion,sex,marital status,personal conviction andopinionandunionmembership. Therefore, employers' rightandfreedom to ask questions hasto be restricted. Theemployer maynotask anyquestions whichcanleadto a discrimination, as wellas somequestions regarding candidate's private life and personal rights unless there is a justifiable reason.Theviolation of theobligation to protectandprohibition of discrimination reveals "culpa in contrahendo" in contractnegotiations. İn thiscasethe candidate has the right to indemnity (if the candidate sufferdamage), has the rightto remainsilentor to give incorrect answersas it is not considered as lying(therightto lie). Besidesthis,if oneof the partiesgiveswrongandincorrect information to the otherandcausesa deception, the party suffered from this deception has the right to terminate the contract immediately.