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The TCO has also introduced very significant novelties in a highly
controversial field, namely “Prevention of the Employee’s Personality”.
Pursuant to Article 417 of the TCO, the employer is obliged to take all
measures in order to prevent the employee from facing any psychological
pressure or sexual harassment and to comply with all requirements
necessary for workplace health and security. Moreover, if the employee
dies or is harmed physically or if the personal rights of the employee
are violated due to non-compliance of the employer with the obligations
mentioned above, then the employer would be liable to pay compensation
to the employee.
However, pursuant to the principle of “protection of the employee”,
Article 419 stipulates that the employer can only use the personal data of
the employee if they are fit for work or if it is required for the fulfillment
of the service agreement.
In addition, a new provision with the title of “Penalty Condition and
Release” has been introduced with Article 420 of the TCO. Thus, it is
stipulated that a penalty condition in a service agreement would be null
and void. On the other hand, pursuant to the new legislation, in order
for an agreement envisaging a release by the employee to the benefit of
the employer to be valid, it should be concluded in written form at least
one month after the termination of the service agreement, the type of the
credit and its amount must be explicitly stated, and the relevant payment
should be made to a bank account.
TCO Articles 241 and following regulate the provisions of “Holiday
and Leave”, “Service Record”, “Transfer of the Service Relation”,
“Termination of the Agreement” in line with the Labor Law Pursuant to
Article 442, in relation to the consequences arising out of the termination
of the Agreement, it is stipulated that all obligations arising out of the
agreement would be due upon the termination of the agreement.
Finally, we should remember that the TCO will enter into force as of
01.07.2012, and thereby the rights of all employees regardless of whether
they are subject to the Labor Law or not will be strengthened by the
entry into force of the provisions in TCO regarding the General Service
Agreement.