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LABOR LAW
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interpreted as a mere time for learning. First of all, it is advantageous
for the employee when a detailed investigation of the whole case is
conducted. In such cases, the date of the disciplinary council’s decision
could be considered as the awareness date. Notwithstanding, it should be
emphasized that the employer who learns about the suspected action of an
employee should act immediately without losing any time to convey the
case to the disciplinary council and the disciplinary council should right
away initiate the investigation lest the period of six business days expire
during this process.
Accordingly, if it is stipulated in a disciplinary regulation that an action
requires a disciplinary sanction of the termination of the labor contract
without any earlier notice and compensation, then such a stipulation
must be in conformity with the above referred provisions of the Labor
Law. In the contrary case, the disciplinary regulation and the sanction of
termination of the labor contract concluded pursuant to such a regulation
would be unlawful.
•
Article 38 of the Labor Law includes the wage deduction sanction.
Pursuant to the mentioned Article, the employer cannot exercise the
wage deduction sanction for reasons other than those specified in the
collective or individual labor contract. The deductions to be made
from the wage as a sanction should be notified to the employee.
The mentioned deductions from the wages of the employees cannot
exceed two daily wages in a month or two days’ earnings of the
employee in wages paid against piece-work or the amount of work
performed. These issues must also be considered while drafting the
disciplinary regulation.
As a last point, we should note that the actions requiring a disciplinary
penalty and consequently the sanctions to be applied under a disciplinary
regulation, should not be ambiguous. On the contrary, they should be
drafted as precisely as possible and in compliance with the Turkish Labor
Legislation. Moreover, they should be applied to all employees on equal
terms.