IN LOANED BUSINESS RELATIONSHIP; THE SCOPE OF PROTECTION AND SUPERVISION LIABILITY IN TERMS OF EMPLOYERS ‘OCCUPATIONAL HEALTH AND SAFETY
Summary: One of the flexible working models is the loan business relationship. If an employer puts the work of the employee, who is bound by a contract, to the order of another employer for a certain and temporary period, provided that he obtains their consent, it is defined as the employee working in the service […]
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, […]
DOES OVERTIME WORK OVER 270 HOURS A YEAR GIVE THE EMPLOYEE RIGHT TO TERMINATE FOR JUST CAUSE
DOES OVERTIME WORK OVER 270 HOURS A YEAR GIVE THE EMPLOYEE RIGHT TO TERMINATE FOR JUST CAUSE? According to Article 41 of Labor Law No. 4857, overtime work may be performed for purposes such as the country’s interest, the nature of the operation or the need to increase output. In accordance with the Labor Law […]
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”, […]
RIGHT TO REFRAIN FROM FULFILLING OBLIGATIONS IN CASE OF NON-PAYMENT OF WAGES ON THE DAY DUE
ABSTRACT: The right to refrain from fulfilling obligations has been regulated in the Turkish Labour Law, Article 34 as “The employee whose wage has not been paid within twenty days of the day it was due, except for force majeure, may refrain from fulfilling his obligation to work. Even if refraining from work by employees […]
