It is possible to define labor law as a branch of law that regulates and examines the relations between workers, employers and the state. The scope of labor law includes issues that arise due to work done as a dependent on someone else or by being involved in someone else’s establishment/organization. However, the dependency element is not the only criterion in determining the scope of labor law. The second criterion is the employment contract. In order to talk about the field of application of labor law, there must be an employment (service) contract between the workers and the employers who employ them. The third criterion is the state. In the historical process, the state has become an element of labor law with mandatory regulations that stipulate minimum norms in favor of workers in order to protect workers who are economically and personally dependent and weak in the employment relationship.
Labor law is a branch of law that emerged in the historical process with the industrial revolution. The inventions and developments that emerged in technical fields after the second half of the 18th century led to the emergence of industrialization and mass factory production in England and later in other Western European countries. A working class was formed due to the increase in the labor force required with the industrial revolution. Since there was no intervention of the state in this situation that occurred after the industrial revolution, working conditions were determined unilaterally by employers and therefore harsh working conditions, low wages, long working hours, etc. problems have arisen. In this context, due to public reactions, states in both England and other Western European countries have abandoned their passive role in order to correct negative working conditions and have enacted a number of laws that will be applied in favor of workers. In the developing process, a modern labor legislation and labor law emerged.
In our country, working relations were regulated by guilds during the Ottoman period. After the industrial revolution, as the guilds lost their effectiveness, some regulations regarding labor law were included in the Dilaver Pasha Regulation dated 1865 and the Maadin Regulation dated 1869 regarding working life during the Tanzimat period. The Mecelle, which came into force in 1877, included a number of regulations regarding business relations. After the proclamation of the Republic, the first law regarding labor law was the Law on Weekend Holidays No. 394 dated 1924. In addition, provisions regarding service contracts are included in the Repealed Code of Obligations No. 818 dated 1926.
It is possible to divide labor law into two: individual and collective labor law. While individual labor law regulates the relations of workers with employers individually, collective labor law regulates the relations that arise as a result of unions formed between workers and employers.
As national and international sources of labor law; In our domestic law, the Labor Law No. 4857, the Press Labor Law, the Maritime Labor Law, the Trade Unions and Collective Labor Agreement Law, the Public Servants’ Unions and the Collective Labor Agreement Law are among the basic sources. The International Labor Organization (ILO), the Council of Europe and the European Union make significant contributions to the formation of international resources. In particular, international agreements created by the International Labor Organization (ILO) are among the important sources of labor law.[/ultimate_heading]