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NEWS LETTER 2 0 1 0
202
Pursuant to Article 22 of Labor Code No. 4857, Change
in Working Conditions and Termination of Employment
Contract
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If there is a provision in an employment contract which says the
employer is entitled to make changes in working conditions where it is
necessary, then there is an expanded management right of the employer. In
such circumstances, the employer has a permanent right to make changes
in the working conditions of the employees provided that the changes are
within the limits of the employment contract and the management right is
not abused. If, for example, there is a provision stating that the employee
can be transferred to another working place of the employer where it is
necessary, then the employer’s right of change with respect to this matter
is reserved. This right must be used in an objective manner. If the provision
is applied to obtain the termination of the employment contract, then there
is an abuse of management right.
Basically, changes in working conditions and terminations of
employment contracts are regulated under Article 22 of Labor Code No.
4857. The aforesaid article is as follows:
“Any material change by the employer in working
conditions based on the employment contract, on the
personnel regulation which is annexed to the contract,
and on similar sources or workplace practices, may be
made only after a written notice is served by him or her
upon the employee. Changes that are not in conformity
with this procedure and not accepted by the employee
in written form within six working days do not bind the
employee. If the employee does not accept the proposed
change within this period, the employer may terminate
the employment contract by respecting the prior notice
periods, provided that he or she indicates in written form
that the proposed change is based on a justifiable ground
or there is another justifiable ground for termination. In
this case the employee may file a lawsuit according to
Articles 17-21.
*
Article of July 2010