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LABOR LAW
203
By mutual agreement the parties may always change
working conditions. Changes in working conditions may
not be made retroactive.”
As may be understood from the quotation, Article 22 of Labor Code
applies if changes made by the employer are material. Pursuant to the
article, the employer can make material changes in working conditions
only after a written notice is served 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 shall not bind the employee.
According to the doctrine, the employer cannot inform the employees
of the proposed changes by a general announcement such as a bulletin.
The employer must serve a written notice to each employee.
The article is based on the opinion that any material change in working
conditions can be made with the consent of the employee. According to the
doctrine, it is obvious from the article that an employee’s silence cannot
be construed as acceptance because it is stated that changes not accepted
by the employee in written form within six working days do not bind
the employee. However, in the decision of the Court of Appeal General
Assembly of Civil Chambers with the principle number 2009/9-416,
decision number 2009/474 and dated 04 November 2009, if an employee
does not consent in writing but the employee engages in behavior which
can be definitely construed as an acceptance, then the changes in working
conditions will be deemed to be have been made by mutual agreement.
It is stipulated in Article 22 of the Labor Code that if the employee does
not accept the proposed change within six working days, the employer may
terminate the employment contract. However, in such circumstances the
employer must indicate in writing that the proposed change is based on a
justifiable ground or that there is another justifiable ground for termination
of the employment contract, and the employer must abide by the prior
notice periods designated in Article 17 of the Labor Code. In other words,
the termination will be by prior notice. The employee has the right to file a
lawsuit according to Articles 17-21.
Pursuant to the decision of the Court of Appeal General Assembly of
Civil Chambers with the principle number 2009/9-416, decision number
2009/474 and dated 04 November 2009, the existence of justifiable grounds
are determined in two stages. At the first stage, the existence of justifiable