Working Life, Acquittal, Maternity Leave, and Harassment in 5 Questions — Attorney Aylin Esra Eren

Not every document stating that an employee has waived overtime pay is valid. A release agreement regarding an employment claim is subject to the conditions in Article 420 of the TCO: it must be in writing, at least one month must pass from the termination of the employment contract, the type and amount of the claim must be clearly stated, and the payment must be made in full through a bank. A release lacking these conditions is strictly void. A document regarding incomplete payment can only produce a receipt effect in terms of the paid amount, provided the payment is made via bank. A general waiver statement signed during employment does not automatically eliminate unpaid overtime claims.

Phone usage is not a dismissal reason on its own in every case. However, if the employee neglects their duty, endangers job safety, or violates the employer's lawful and previously announced rules, termination may come to the agenda.

Whether the termination is based on a valid or justified reason is evaluated according to the severity of the violation, its repetition, the employee's duty, and the rules in the workplace.

Especially in sectors where job safety is critical, phone usage may be subject to stricter limitations.

The rendering of an acquittal decision in a criminal trial does not automatically render the termination of the employment contract invalid. The termination evaluation in labor law and the culpability evaluation in criminal law are based on different legal criteria.

However, if the employer's termination justification is directly the imputed crime, the acquittal decision can be important in terms of the employee's reinstatement or compensation claims.

Whether the employee meets the conditions for reinstatement, the reason for termination, and the evidence relied upon by the employer must be examined separately.

An employer may not arbitrarily reduce pay or worsen working conditions because an employee returns from maternity leave. For a substantial change in working conditions, the written notification and written acceptance requirements in Article 22 of the Turkish Labour Law are important. Discrimination based on pregnancy or childbirth may also be unlawful. Statutory postnatal rights, including reduced-hours and part-time work where the conditions are met, must also be considered.

A woman subjected to sexual harassment at the workplace can make a written application to the employer depending on the nature of the incident, file a complaint with law enforcement or the prosecutor's office, and use the right to terminate the employment contract for a justified reason. Article 105 of the Turkish Penal Code regulates the crime of sexual harassment. The employer also has the obligation to protect the employee and provide a safe working environment. Messages, e-mails, camera records, witnesses, and applications made after the incident are important as evidence.