Good faith in labor law

Abstract

Abstract

The objective of this article is to consider the Civil and Commercial Code section 583. It has been regulated that, “If an employee intentionally disobeys or always neglects his employer’s lawful command, abandons work, seriously wrong does or not fulfills his work rightly and honestly, the employer is righteous to dismiss him without any advance notice or compensations.”  The problem is whether the lawful command has to be accordance with good faith or not. This article aims to answer such a question is three dimensions: meaning and concept of good faith principle, provisions of  good faith and good faith principle in Labor Law.

Good faith or “Bona Fide” in Roman law means to be honest and in German “True Und Glauben” means honest and trustful.  Therefore, good faith is the principle which is applicable to the exercise and general commercial repayment. It is regulated in Civil and Commercial Code section 5, “In the exercise for their right and debt, every person must act in good faith.” Thus the employer’s command should not only be lawful but also be good faith. In order to clarify the law, it is deserved to amend the Civil and Commercial Law section 583 as following: “If an employee intentionally disobey his employer’s command which is lawful and good faith…, the employer is righteous to dismiss him without advance notice or compensations.”