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LABOR LAW
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Disciplinary Regulation within the Frame of Labor Law
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The endeavors for the establishment of a corporate structure
in companies with shared management responsibilities require the
management function, which is concentrated in the hands of executive
managers, to be distributed and shared with middle management and other
employees. The disciplinary regulations and the disciplinary councils
established in accordance with these regulations can be given as examples
of this approach in Labor Law.
The aim of the disciplinary regulations is to provide for disciplinary
processes within companies and to create a peaceful and secure working
environment. In this context, employees who are well informed about
the working conditions and the sanctions that may arise out of violation
of these conditions will fulfill work requirements better. On the other
hand, disciplinary regulation would protect the employees from facing
outrageous sanctions which are not proportionate to the action subject to
discipline at the discretion of a sole manager.
From the employers’ point of view, there is a lower possibility for a
sanction given by a disciplinary council at the end of a detailed investigation
which is held in accordance with the discipline regulation, to result in a law
suit. Even if such a law suit were initiated, the possibility that the employers
would face a court verdict requiring them to re-employ the employees
depending on the job security provisions or to pay compensation would
also decrease.
The discipline regulations and discipline councils are not directly
regulated under the Turkish Labor Law. Nevertheless, the sanctions
envisaged by the discipline regulations are taking place within the Labor
Law. Therefore, while drafting the discipline regulations, the provisions of
the labor law should be taken into account. We would like to explain the
major provisions as follows:
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Article of January 2010