ANNUAL LEAVE APPLICATION IN LABOR LAW

Summary: In addition to the wages of the employee as a result of working in the workplace and in return for her labor, one of the rights their entitled to is the “Annual Leave Right” with the Labor Law No. 4857. In this way, it is ensured that the worker is rested for a certain […]

CONSTITUTIONAL COURT DECISION ON THE REVIEW OF CORPORATE E-MAIL CONTENT OF PRIVATE COMPANY EMPLOYEES BY THE EMPLOYER AND SUBJECT THE CONTENT OF THE CORPORATE TO DISCIPLINARY SANCTIONS

Summary: In the Constitutional Court decision dated 17.09.2020; It was concluded that the examination of the correspondence contents in the work e-mail account by the employer without the knowledge of the employee violated the confidentiality of right of privacy and freedom of communication, which is a constitutional right. According to the conclusion reached within the […]

The period of benefiting from short-time working allowance, Prohibiton on Termination and Unilateral Unpaid leave periods are extended for 2 months.

With the Presidential Decision No. 3134 published in the Official Gazette No. 31287 dated 27.10.2020 and the Presidential Decision No. 3135 published in the Official Gazette dated 27.10.2020 the period of benefiting from short-time working allowance, Prohibiton on Termination and Unilateral Unpaid leave periods are extended for 2 months: The period of  benefiting from Short-time […]

THE CONCEPTS OF FORCE MAJEURE

THE CONCEPTS OF FORCE MAJEURE-COMPULSORY REASON Abstract: In Turkish Labor Law, the concepts of “force majure” and “compulsory reason” are sometimes used interchangeably but do not have the same meaning with each other. As a matter of fact, compulsory reasons is a higher concept that includes force majeure and unexpected situations and some events or […]

Remote Working

THE CONCEPT OF REMOTE WORKING AND ITS IMPLEMENTATION   Abstract: “Remote Working”, which was first entered into our law with the amendment made in the 4th paragraph of Article 14 of the Labor Law on 06.05.2016; is an employment relationship agreed in writing based on the principle that the employee performs his/her work at home […]

Penalty in Labor Law

ABSTRACT: Penalty is the obligation of the creditor to perform the obligation to the debtor in the event that a obligation qualified as the primary obligation is not performed at all or as required. In terms of regulating the penalty in the contracts, reserving terms of conditions and the cases of disability of the will, […]

CAN THE LABOR CONTRACT OF A SMOKING WORKER BE TERMINATED FOR JUST CAUSE

CAN THE LABOR CONTRACT OF A SMOKING WORKER BE TERMINATED FOR JUST CAUSE? In which conditions the employee can be fired without severance and notice pay is implied in the article 25/II of the Labor Law No. 4857. In the aforementioned subparagraph of the article, “For immoral, dishonourable or malicious conduct or other similar behaviour”, […]