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Commentary
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Gün + Partners | Turkey | 28 Jul 2021

Remote working after covid-19

The Regulation on Remote Working provides that companies do not need employee consent to enforce a partial or full remote working model if there are compulsory grounds for this work arrangement. However, permanently implementing remote working would constitute a material change to the terms and conditions of employment. Therefore, employers who wish to permanently adopt this working model......
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Gün + Partners | Turkey | 12 May 2021

Termination ban and unilateral unpaid leave extended once again

In April 2020 the termination ban and unilateral unpaid leave came into force, prohibiting employers from terminating any employment contract – regardless of whether it fell within the scope of the Labour Act – for three months as of the effective date of the law. The termination ban and unilateral unpaid leave have since been extended several times, most recently until 30 June 2021.
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Gün + Partners | Turkey | 27 Apr 2021

Law 7251: significant amendments to preliminary examination mechanism

Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws introduced, among other things, significant amendments to the preliminary examination mechanism. Now, in the event that a party fails to appear at a preliminary hearing, the present party will not be entitled to expand or change its claims without the absent party's consent. Further, new requirements apply with regard to......
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Gün + Partners | European Union, Turkey | 14 Apr 2021

Processing employee data in light of recent DPA and court decisions

The Constitution protects private life and in 2016 the Data Protection Law was enacted, furthering the protection of personal data. In disputes relating to the monitoring of employees' personal data in the workplace, the courts and the Data Protection Authority (DPA) have mostly based their decisions on the constitutional provisions. This article outlines the legal grounds for data processing......
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Gün + Partners | Turkey | 24 Feb 2021

New Constitutional Court ruling on employers' inspection of employees' corporate emails

The Constitutional Court has once again considered the rights of personal data protection and the freedom of communication in an employment context following an employer's inspection of an employee's corporate email account and the termination of the employee based on the outcome of such inspection. The decision draws attention to the importance of the explicit information requirement in......
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Gün + Partners | Turkey | 27 Jan 2021

Termination ban, unilateral unpaid leave and short-time working allowance extended again

Pursuant to three presidential decrees recently published in the Official Gazette, the termination ban and unilateral unpaid leave, which were due to expire by 17 January 2021, have been extended until 17 March 2021. Further, the short-time working allowance granted to workplaces which had applied until 31 December 2020 has been extended until 28 February 2021. Similarly, the application......
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Gün + Partners | Turkey | 20 Jan 2021

Changes to minimum wage, severance payments and administrative fines for 2021

At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect. Among other changes, the monthly minimum wage rate has increased from TL2,943 (gross) to TL3,577.50 (gross).
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Gün + Partners | Turkey | 13 Jan 2021

Are mutual termination agreements covered by the COVID-19-related termination prohibition?

Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated......
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Gün + Partners | European Union | 6 Jan 2021

Constitutional Court rules on employers' review of employees' corporate emails

Whether employers can review employees' corporate email accounts and rely on any findings collected during such an inspection in a potential termination is a controversial issue in terms of personal data protection and privacy. The Constitutional Court has rendered two recent decisions on the right to privacy and privacy of communication with regard to corporate email accounts. Both decisions......
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Gün + Partners | Turkey | 22 Dec 2020

Parties can now request an extension to object to expert reports

Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws (Amendment Law) recently entered into force. One of the significant amendments introduced by the Amendment Law concerns Article 281 of the Civil Procedure Code (CPC) 6100, which regulates parties' objections to expert reports. With this amendment, parties can now request an extension from the court to file their objections......
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