Termination of the Employee for a Justified Reason: Change of Workplace
If the employer changes the place where the employee started working to the workplace, the employee may have the right to terminate the employment contract for a justified reason. Even if the transfer of the workplace to another place is agreed by the contract signed between the employee and the employer, the employer does not have unlimited authority. Dec.
2 Of the Turkish Civil Code Decrees that the employer has the authority to transfer the workplace even if the employer has the authority to transfer the workplace by the contract concluded between the parties. it must be used in accordance with the honesty rule regulated in the article. In its well-established decisions, the Court of Cassation emphasized that “Although the employer’s transfer authority originates from the contract, whether this transfer authority is abused or not should be subject to control in terms of arbitrariness and objectivity”. If the employer changes his place of work and assigns the employee to another place, he must concretely set out the necessity of this assignment. The employee has no obligation to accept the change made unnecessarily.
If the employee terminates the employment contract for a justified reason due to a change of workplace, the proof that the transfer authority has been granted in accordance with the rules of objective honesty will belong to the employer.
An employee’s change of workplace is considered a fundamental change in working conditions. 22 of the Labor Code. according to the article; “The employer may make a fundamental change in working conditions arising from the employment contract or the personnel regulation attached to the employment contract and similar sources or workplace practices only by notifying the employee in writing. Changes that are not made in accordance with this form and are not accepted by the employee in writing within six working days do not bind the employee.”
NOTIFICATION OBLIGATION
If the employer is going to make a change in the workplace, he must notify the employee in writing. If the notification is not made properly, the employee will not be affected by these conditions. In addition, the employee does not have to accept these new conditions. If the employee does not accept this change in writing within 6 days in response to the written notification made by the employer, these conditions do not affect the employee.
Supreme Court 9. In the precedent decision of the Legal Department; Although there is a provision in the employment contract that the employee can be assigned to another workplace, the assignment of the employee in another province is considered a change to the detriment of the employee, and the employee’s dismissal based on this is considered a justified termination. (Supreme Court 9. HD 2010/4631 E, 2012/12258 K, 11.04.2012 Date)
Article 24/2-f of the Labor Law No. 4857, which regulates the cases of termination by the employee for a justified reason, stipulates that the employee has the right to terminate the employment contract immediately and for a justified reason if the “working conditions are not applied”. In this case, the employee may terminate the employment contract for a justified reason and immediately, taking into account the rights granted to him by law.
In this case, the employee will have the right to claim severance pay, wages, bonuses, overtime pay, annual leave pay, week holiday pay, national holiday and general holiday pay and similar labor benefits after exercising the right to termination for a justified reason.
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